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Distance Selling Query
Comments
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A financial institution would be entitled to simply reject a spurious complaint like that, although whether they would choose to do so is another matter - it's undoubtedly legitimate to raise a complaint if a s75 claim isn't dealt with adequately, but pre-emptively complaining about a potential issue is premature…
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That’s the point, they can’t reject a complaint 🙂
They have to resolve it to the customer’s satisfaction or face the fee imposed by the customer going to the ombudsman.
In the game of chess you can never let your adversary see your pieces0 -
They can reject a complaint if it's invalid, e.g. if it relates to a service they don't provide or another business, etc, so if, at the point of complaining, there (objectively) isn't actually anything to complain about, then it can be dismissed as vexatious, and FOS would agree.
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By the time the FOS agree the bank have paid the fee for it being raised to them.
This thread is a good example really, change of mind so no chargeback avenue, customer service working off a script not necessarily to the customer's advantage, instead go through complaints, get (typically speaking) a better level service.
In the game of chess you can never let your adversary see your pieces0 -
I don't believe that FOS would charge a bank in the scenario of a vexatious complaint, otherwise the entire system would be open to this sort of abuse.
It is a fair point though that if it transpires that TSB's choice of chargeback was inherently doomed to failure, i.e. if they chose a reason code that would never have worked, then they could legitimately be criticised for attempting it in the first place if it disadvantages the customer by delaying resolution.
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The problem & I have experienced this. Is what a customer tells the bank & what they have actually done can be very different stories 🤦♀️🤷♀️
Unfortunately this often only come out when company rejects with proof.
If the chargeback is rejected & there is a S75 option, that should automatically be the next part of the process. So no complaint is required.
The fact is a dispute is in process that is a reason to reject the complaint. FOS would side with bank as they are just following the dispute process.
Life in the slow lane1 -
Why are you confused?
They've done what I, Grumpy and one or two other posters predicted they would do.
ie they've processed the dispute as a chargeback, not s75
This seems to be the default position for all card providers regardless of whether you request a s75.
There are two outcomes for the chargeback.
1 they credit your payment back to you, the trader does not dispute and you have your money back
2 the trader challenges the chargeback, the card provider takes your refund back, and you are back where you started. If that happens you go back to your card provider and instruct them that you now want to make a s75 claim against them.
There is one other (unlikely?) possibility. that is that the trader does not challenge the chargeback decision against them, but that they then sue you to get your payment back. If that should happen - and I stress it's probably unlikely - you defend the claim on the basis that the law permits you to cancel the contract and the trader must refund you what you have paid. And they can't charge you a cancellation fee.
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I'm fairly confident (although now less than I was so always happy to be corrected 🙂 ) that they pay regardless.
But none-the-less if I ever need to contact a company or similar about something I will by-pass the first port of contact and use another avenue if such is available, life is too short to have these places waste your time with their dance designed to get you to give up and go away.
(That's not to suggest I'm complaining about things every 5 minutes, I can only think of two occasion in the last two years).
In the game of chess you can never let your adversary see your pieces0 -
What would the basis of the complaint be?
TSB have credited the OP with a chargeback and are waiting to see if the dealer disputes it.
If the dealer does dispute it and TSB reverse the chargeback, is that grounds for complaint?
And is it necessarily grounds for complaint if a card provider chooses first to follow the chargeback route rather than a s75 claim?(*).
I think the OP needs to wait to see the outcome of the chargeback. If it gets reversed then they need to go back to TSB and tell them to process a s75 claim against themselves.
[Edit: I'm not commenting on whether chargeback is even applicable in this "change of mind" situation. It would appear that TSB have already credited it back to the OP as a chargeback. either the dealer challenges it or he doesn't. I suspect he might not if he has any sense]
Assuming this is a valid distance contract and the OP told the dealer he was cancelling it, then I'd have thought the only valid complaint the OP has against TSB would be if TSB don't find in his favour on the s75.
And I'm not even sure if that IS a valid FOS complaint…
(*) I'll happily admit i might well have put this argument forward myself in the past, but the more I've thought about it the more I think it isn't a good argument 😐️
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"… The dealer then issued a further invoice (cancellation fee) of £250 and kept the money for this second invoice?"
What do you mean by and kept the money for this second invoice?
Can you just confirm that you've already paid a deposit of £250, and that the dealer has sent a second invoice for a cancellation fee of £250, but you haven't paid this cancellation fee?
Just to reiterate, if all you've told us is accurate, and if this is a distance contract as defined in the regulations, and if you cancelled the contract as per the regulations then:
1 You are entitled to a refund of your £250 deposit, and
2 the dealer is NOT allowed to charge you a cancellation fee.
Whether you get your money back by chargeback, or by s75, or by court claim remains to be seen, but hopefully TSB gives you back the money by chargeback or by s75
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