Clearpay/Credit card company

yoshiyella

Good morning, 

I ordered an expensive watch (expensive for me anyway)

The company says I would receive within 4 days and any delays they would keep me informed. 

Well, it's been over 2 weeks now and no communication. 

They have not responded to emails I've sent. 

I bought the item using Clearpay (this in turn gets paid off by my credit card - should have just bought it all on the card) 

Clearpay raised a dispute with the company over a week ago but nothing. 

Clearpay are not helping at all. 

Can I go through my credit card? What other actions can I take? Are Clearpay liable in any way? 

My own fault, I should have read the Trust pilot reviews. 

Thank you for any support

grumpy_codger

MSE: Chargeback refunds
Your bank will take money from Clearpay. This will probably incentify them to chase the company more intensively.

I think this is the only way as Section 75 refunds will probably not work in this case because of the intermediary (this is a grey area). 

ManyWays

MSE: Chargeback refunds Your bank will take money from Clearpay
I don't think their bank has paid Clearpay, if that is right there is nothing to be charged back

as Section 75 refunds will probably not work in this case because of the intermediary (this is a grey area). 
The credit card company has no knowledge of your watch purchase so I doubt this will work either.

grumpy_codger

ManyWays said:

as Section 75 refunds will probably not work in this case because of the intermediary (this is a grey area). 
The credit card company has no knowledge of your watch purchase so I doubt this will work either.

I don't understand your point. Does it ever know? The only it knows is that you paid some company with your CC.

MSE: "It's a GREY AREA if you... Bought an item using PayPal and some other 'modern' payment types such as Google Wallet or Curve (even if a credit card is used). Take a look at our full PayPal & Section 75 guide."

ManyWays said:

MSE: Chargeback refunds Your bank will take money from Clearpay
I don't think their bank has paid Clearpay, if that is right there is nothing to be charged back

Their bank has paid to some company's account in other bank. Chargeback is Visa/Mastercard/... procedure for two banks.

born_again

Guessing that no payments have been taken from the CC. Them there are no rights to claim anything back via them.

It is upto Clearpay to dispute.

grumpy_codger

I see... I thought it was some payment processing company, but in fact they are a lender.
In this case, I think, S75 claim is the way to go - against Clearpay - if they dare to take monthly payments from the OP's CC.

born_again

grumpy_codger said:

I see... I thought it was some payment processing company, but in fact they are a lender.
In this case, I think, S75 claim is the way to go - against Clearpay - if they dare to take monthly payments from the OP's CC.

If it is a BNPL than they are often not under S75 remit.

 Clearpay Plans are not regulated by the Financial Conduct Authority.

So there is no S75 option.

grumpy_codger

Interesting...

I don't think that FCA is essential when it's the law, but the reasoning behind s75 is worth quoting:

Background
There is currently an exemption from consumer credit regulation
under the Financial Services and Markets Act 2000 (FSMA) for credit
agreements that meet the following conditions:

• The agreement is a borrower-lender supplier agreement for fixed-
sum credit;
• The number of payments to be made by the borrower is not more
than 12;
• Those payments are required to be made within a period of 12
months or less; and
• The credit is provided without interest or charges.

IMHO this makes s75 even more stupid than it seems to be. A lender is liable when it doesn't know (in advance) the amount, but isn't liable when it knows ("fixed-sum credit").

Olinda99

If you haven't received your goods, we recommend you always reach out to the merchant/seller first to find out what has happened and request tracking information. Always allow up to 7 calendar days for the merchant to respond to your enquiry.

If it has been more than 7 calendar days since the date you have placed your order and you have tried reaching out to the merchant but have received no response, you can consider raising a dispute from your app.

https://help.clearpay.co.uk/hc/en-gb/articles/5247021573785-I-haven-t-received-my-goods-How-do-I-raise-a-dispute

yoshiyella

Thanks for all comments- just for clarity, Clear Pay were absolutely useless in this.

In the end I threatened the company with going to small claims and quoted their own terms and conditions - I got a full refund.

Will never be using Clear Pay again.

Thank you to those offering advice.