Clearpay chasing money for goods not received and passing onto credit resource solutions

Chrysalis

Hi, I wish for advice on this situation, I will try to describe as best as I can.

I ordered a UPS from a retailer called UPS centre, the warning signs were there when I noticed their google pay link was broken (but stupidly ignored it), so I ordered via clearpay not been aware of what it meant for me thinking I would get S75 protection.

The UPS didnt get delivered, and I eventually got UPS centre to acknowledge cancellation of the order in a email.  

This didnt cancel anything on clearpay, I raised a dispute which timed out, and they decided in my favour but only refunded the first of 4 payments.

I was in email exchange with a senior manager at clearpay who pretty much said tough luck, you going to have to pursue us in court for breach of trading standards.

By this time I had learned they are unregulated, so not only no S75, but also FCA cant do anything.

My bank accepted my evidence and did a charge back of the first payment, and agreed to block future payments, clearpay disputed it (clearly bad morals here), and actually won the case with I think its either visa or mastercard, my bank decided to uphold my refund, and then raise a second dispute to get their money back.

I raised multiple new disputes with clearpay with the cancellation evidence, one every time they harass me for money, and each time they are closed with no comment.  They refuse to contact the retailer for proof of delivery or cancellation, but instead put the onus on me.

They have now said they are about to refer me to CRS, who I checked are regulated which I assume means credit file.

So I have been put into a position to pay money for nothing, or accept some kind of registered default for goods not received.

Curious of my options here, and if the FCA would help me if it moves to CRS.  Trading standards dont even seem to have a phone number.  CAB told me I have to get the retailer to tell clearpay to cancel it, which seems a very flawed process.  As it allows the retailer and clearpay to just sit there and get money.  Contacting the retailer by phone, only results in a secretary answering the phone saying they cant do anything but pass on a message.  So its just email.

Evidence that was sent.

Email confirming cancellation.

Screenshot showing live tracking showing cancelled.

Web link for them to check the tracking status themselves, along with order number for them to put in the checker.

born_again

Chrysalis said:

Hi, I wish for advice on this situation, I will try to describe as best as I can.

I ordered a UPS from a retailer called UPS centre, the warning signs were there when I noticed their google pay link was broken (but stupidly ignored it), so I ordered via clearpay not been aware of what it meant for me thinking I would get S75 protection.

The UPS didnt get delivered, and I eventually got UPS centre to acknowledge cancellation of the order in a email.  

This didnt cancel anything on clearpay, I raised a dispute which timed out, and they decided in my favour but only refunded the first of 4 payments.

I was in email exchange with a senior manager at clearpay who pretty much said tough luck, you going to have to pursue us in court for breach of trading standards.

By this time I had learned they are unregulated, so not only no S75, but also FCA cant do anything.

My bank accepted my evidence and did a charge back of the first payment, and agreed to block future payments, clearpay disputed it (clearly bad morals here), and actually won the case with I think its either visa or mastercard, my bank decided to uphold my refund, and then raise a second dispute to get their money back.

I raised multiple new disputes with clearpay with the cancellation evidence, one every time they harass me for money, and each time they are closed with no comment.  They refuse to contact the retailer for proof of delivery or cancellation, but instead put the onus on me.

They have now said they are about to refer me to CRS, who I checked are regulated which I assume means credit file.

So I have been put into a position to pay money for nothing, or accept some kind of registered default for goods not received.

Curious of my options here, and if the FCA would help me if it moves to CRS.  Trading standards dont even seem to have a phone number.  CAB told me I have to get the retailer to tell clearpay to cancel it, which seems a very flawed process.  As it allows the retailer and clearpay to just sit there and get money.  Contacting the retailer by phone, only results in a secretary answering the phone saying they cant do anything but pass on a message.  So its just email.

Evidence that was sent.

Email confirming cancellation.

Screenshot showing live tracking showing cancelled.

Web link for them to check the tracking status themselves, along with order number for them to put in the checker.

FCA will not help with this as clear pay is unregulated with these BNPL loans. Odds on no S75 using Google pay anyway.

The issue here is clear pay did not provide the item & I guess that UPS center have never contacted them to advise them & as such still have the funds for the item. Sadly nothing to do with morals. Just plain facts at their end.
So can fully see why they have rejected the chargeback.

Not sure where this would stand if you took UPS Center to court to claim the funds that clear pay are demanding.
Some of the more experts might be able to advise.

screech_78

Yes, missing Clearpay payments will negatively affect your credit history. 

The problem you have is that your dispute is with the retailer, not clearpay. They have paid the retailer and in turn, you’ve now charged that back. A chargeback has no legal standing so they’re free to reclaim their money in other ways. 

If I was you, I’d be paying what you owe to clearpay and then dealing with the retailer. In practice, this would be sending an LBA and then small claims court. Haven’t looked into them enough to determine if you’d actually see any money. 

In future, if something feels off, walk away immediately. And if you don’t, at least pay in full with a debit/credit card (not PayPal, etc). 

Chrysalis

Ok so clearpay have already paid the retailer, that explains their behaviour a bit more, thanks I have taken this onboard, luckily its not that much money, slightly over £100, so a hit to take for a lesson learned.

The retailer has a history of winding up and changing names as well, I checked them up on companies house after I noticed on their emails at the bottom it says formally "some other company name".

In terms of the non delivery, clearpay do have a dispute system, but its very one sided, it requires the retailer to openly approve the claim, although the claim I won was supposedly because the retailer chose to not respond so that seems an option as well, however all the other disputes were just silently closed instead of waiting for a timeout.  I guess they have had legal advice, and they know if the normal dispute process is followed they would be out of pocket.

--edit--

They have reopened the latest dispute now saying it was a mistake to close it.

If this doesnt go in my favour I will follow the advice on here to pay clearpay and do the LBA, and if needed small claims against the retailer.

Chrysalis

It has been paid now, with an agreement to process the dispute still.