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I am undergoing a case with Financial Ombudsman due to issue with monzo

Hi guys, I was wondering your experience and knowledge with Financial Ombudsman. I was scammed by a seller sold me a counterfeit good, when I returned it the seller claimed they didn't receive it and it was posted to another address, I have all the evidence pointing that the parcel was posted with proof of postage. I did a chargeback with Monzo but they declined my case so i've gone to Financial Ombudsman to get my money back. What is the likelihood using your good sense of reason and knowledge of the case, are FOS likely to rule in my or monzo's favour.

Comments

  • born_again
    born_again Posts: 22,162 Forumite
    10,000 Posts Sixth Anniversary Name Dropper
    Just to be clear here. Was this a card payment?

    All depends on Monzo following chargeback regulations. If they have followed them, then FOS will not decide in your favour.

    Do you have proof of delivery?
    Was this a company or some individual?

    TBH. If you had proof of counterfeit item from the manufacture who produces them. Then no need to send item back.


    Life in the slow lane
  • MyRealNameToo
    MyRealNameToo Posts: 2,616 Forumite
    1,000 Posts Name Dropper
    nashsafc said:
    Hi guys, I was wondering your experience and knowledge with Financial Ombudsman. I was scammed by a seller sold me a counterfeit good, when I returned it the seller claimed they didn't receive it and it was posted to another address, I have all the evidence pointing that the parcel was posted with proof of postage. I did a chargeback with Monzo but they declined my case so i've gone to Financial Ombudsman to get my money back. What is the likelihood using your good sense of reason and knowledge of the case, are FOS likely to rule in my or monzo's favour.
    So what evidence do you have that you sent it to the right address and the courier left it at the right address?

    Presumably you paid/organised the return and therefore remained liable until it has handed over to the person/firm. If they organised the return then your liability typically ends when you give it to their courier. 

    The ombudsman cannot opine on the fairness of the chargeback process only if the bank followed the chargeback process. Im assuming your complaint was simply that they didnt find in your favour rather than you were misadvised or something else?
  • You can often get a good indication of how a case might go by looking at the FOS precedents database on their website.  You can search it using keywords relevant to your case.

    In my experience (in a professional capacity rather than as a complainant) of the FOS they are usually consistent and fair minded, but will interpret the relevant factors of the case fairly narrowly.
  • penners324
    penners324 Posts: 3,586 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    You could issue court proceedings against the seller
  • nashsafc
    nashsafc Posts: 3 Newbie
    First Post
    No the FOS isn't helpful at the moment. If i had done this chargeback with Revolut I wouldn't have had a problem. Banks are all choosing different opinions and different goals.
  • dumpster_fire2025
    dumpster_fire2025 Posts: 130 Forumite
    100 Posts Name Dropper
    edited 6 December at 9:58PM
    nashsafc said:
    No the FOS isn't helpful at the moment. If i had done this chargeback with Revolut I wouldn't have had a problem. Banks are all choosing different opinions and different goals.
    On what basis are you saying Revolut would have dealt with it differently?

    Just because they dealt with one case differently doesn't mean a different case should be dealt with the same way by a different bank. No two cases are identical.

    What are the counter-arguments that Monzo are presenting?
  • it's monzo's fault. Revolut never decline my chargebacks when i have an issue, I had the same issue with a merchant but used monzo this time.
  • superbigal
    superbigal Posts: 631 Forumite
    Part of the Furniture 500 Posts
    nashsafc said:
    it's monzo's fault. Revolut never decline my chargebacks when i have an issue, I had the same issue with a merchant but used monzo this time.
    Plural !! Do you buy a lot of potentially counterfeit items. 
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