Distance Selling Query

Okell

https://forums.moneysavingexpert.com/discussion/comment/82042868#Comment_82042868

I don't think the trader here has specifically procured a 'bike to sell to the OP?

I assume that the 'bike - whether new or secondhand - simply formed part of the trader's stock and they've decided to advertise it for sale and they've decided to sell it at a distance.

Nobody forces any trader to sell at a distance. They've decided to take the risk the buyer won't cancel.

(Well actually the trader has cheated by trying to worm out of their obligations under the Regulations by trying to impose somewhat questionable conditions post-purchase)

eskbanker

Which specific chargeback reason would apply here?

Okell

@BACKTOBACK - thinking about it the dealer may have given you more ammo against them.

By doing what they've done (tried to make you think the deposit is non-refundable and by trying to charge you a cancellation fee) they might have committed an offence under the Protection from Unfair Trading provisions of the Digital Markets, Competition and Consumers Act 2024

If I were you I would be going to CAB and ask them to refer this toTrading Standards. It won't help you directly but it might see the trader getting fined.

BACKTOBACK

Should i request a section 75 in the first place?

Also if the credit card company does a chargeback is there a time limit for the retailer to challenge it?

Grumpy_chap

What often happens, if you request an S75, is the CC processes the chargeback in any case.

That can often be good for the customer because the CC will process a chargeback on the basis of relatively limited information and the claim can be made and paid back swiftly. (As mentioned before, the supplier might challenge or can still pursue debt recovery via other channels.)

That is also good for the CC as it gets the funds recovered from the trader rather than a direct cost to the CC.

S75, on the other hand, holds the CC jointly and severally liable and the funds therefore come straight from the CC and are generally not recovered from the trader. The CC will be far more robust in their processes for S75 and require far more evidence before making the payment.

There are limited grounds for chargeback. The most obvious might be "customer was expecting a refund that hasn’t come through" however I am not certain that applies here. It might only apply where the refund has been agreed by the retailer and not processed. I am not an expert, sorry. Born Again would be more likely to be able to comment whether a chargeback ground is likely in this case.

You have nothing to lose by following the chargeback / S75 process. The CC will probably go chargeback first if there is a ground to do so, and only then go S75.

In the mean-time, the following the guide to chargeback may be helpful.

https://www.barclaycard.co.uk/business/accepting-payments/learn-about-taking-payments/beginners-guide-chargebacks

sheramber

The dealer has a time limit for disputing the chargeback.

But he still can still raise a court claim for the money if he doesn’t ‘t dispute it.

eskbanker

There are limited grounds for chargeback. The most obvious might be "customer was expecting a refund that hasn’t come through" however I am not certain that applies here. It might only apply where the refund has been agreed by the retailer and not processed. I am not an expert, sorry. Born Again would be more likely to be able to comment whether a chargeback ground is likely in this case.

Yes, that's where I was coming from in asking about reasons - from previous discussions about this, my understanding is that the 'credit not processed' one is, as you suggest, only applicable where the retailer has claimed to have refunded but it hasn't actually arrived. Refusal to refund isn't in itself a valid chargeback reason, and relies on the actual underlying root cause, so if a refund was due because of non-delivery or faulty goods then those are the reasons used for the chargeback, whereas a change of mind refund isn't covered AIUI…

Okell

I don't think a chargeback is viable here.

But I doubt that will stop the OP's card provider first going down that route and then telling the OP "Sorry - no refund"

What they might not tell the OP is that they still have the option to pursue a s75 claim.

That's what @BACKTOBACK needs to know…

Okell

@BACKTOBACK - are you still in talks with the dealer or have you handled everything over to your CC provider?

BACKTOBACK

I have just completed a disputed transaction form for my TSB Credit Card will update soon