Capital one not refunding disputed transaction from online scam.

ol1v33r

My friend was scammed online from a website.

The site has heavily photoshopped product images and the product received was nothing like the images depicted nor the description of the product.

Also the site stated money back gaurantee, easy returns and prepaid returns label.

Anyway,

I followed the returns procedure, the company did the whole thing of asking for photos, then a video, then only offereing a discount, and never sending a return label. They then sent a return address that was overseas.

I requested a pre paid return label as is stated in the site returns policy and they said they can't/won't provide one.

Shipping overseas will cost a substantial part of the value of the item, and the item is a total fake anyway.

So I disputed the transaction with the card company and provided all the evidence and they have rejected the claim saying the seller has offered compensation.

But it's a total crock of bs because it's a total scam product.

I don't think capital one has even looked at the evidence provided and it's all just automated responses.

Any reasonable person could see it's a scam, plus they've breached their returns policy of free returns.

How do i escalate this with the card company or get it re assessed?

GrumpyDil

As with any case raise a formal complaint would be my suggestion. Then, after that decision you would be able to go to FOS.

MattMattMattUK

What is the site they purchased from? Sounds like a Chinese company where the transaction will be governed by the relevant laws in China and the card provider only extends those provisions, they are not a get out of jail free card for making poor purchasing decisions.

JGB1955

You yourself say 'any reasonable person could see it's a scam'. Assuming your friend is a reasonable person, why on earth did they go ahead with the purchase?

soolin

https://forums.moneysavingexpert.com/discussion/comment/81982266#Comment_81982266

I agree, this is almost certainly the usual Far East nonsense we see so often on here.OP, do you have a link to the company?

OP a chargeback rarely works as ‘evidence’ shows item can be returned, although I agree it is certainly not worth returning as it will never show as delivered. FAr East sales are not as good with buyer rights as if you bought from a UK company .

The usual advice is to negotiate as high a goodwill gesture refund as you can, and just put it down to experience.

I also agree that the comment about a reasonable person seeing this is a scam reflects on your friend as well as the card company. It might be worth a little gentle guidance about being careful what you buy and which country it was sold from. Being caught by an obvious scam once is bad enough, but perhaps try and guide them away from being fooled again in the future.

born_again

So I disputed the transaction with the card company and provided all the evidence and they have rejected the claim saying the seller has offered compensation.

But it's a total crock of bs because it's a total scam product.

There is no chargeback to cover this situation. Only hope would be if they were selling counterfeit goods & you had proof from brand holder to prove such.

Link to retailers website?

Okell

Did your "friend" pay by credit card and was the price paid over £100? (Over £100 for each item if multiple items purchased)

born_again

https://forums.moneysavingexpert.com/discussion/comment/81982703#Comment_81982703

S75 would not cover it either if that is your thought train 👍

Okell

https://forums.moneysavingexpert.com/discussion/comment/81983605#Comment_81983605

Why wouldn't it?

Wouldn't it at least be a straightforward case of not as described and/or misrepresentation?

born_again

https://forums.moneysavingexpert.com/discussion/comment/81983755#Comment_81983755

Would be down to T/C.

Sounds like typical Chinese site. Which does not equate to misrepsentation. Remember that UK consumer rights are not at play here.

Not as described would require proof of ordered over what was received.

eskbanker

I strongly suspect that it's academic if OP bought some cheap Chinese tat rather than an item costing over £100, but if, for the sake of argument, it was over that threshold, then I'd have thought there'd be the potential to demonstrate a breach of contract or misrepresentation, not so much from any assertion of poor quality, etc, which is likely to be quite subjective, but simply from the unfulfilled promise of free returns:

Also the site stated money back gaurantee, easy returns and prepaid returns label.

[…]

I requested a pre paid return label as is stated in the site returns policy and they said they can't/won't provide one.

Although it's true that UK consumer protection doesn't apply, if the Chinese outfit slips up by demonstrably failing to abide by documented terms then that ought to open up s75 possibilities?