Visa Chargeback

petenat1

In december 07 i bought a computer from ebay. When it arrived it was completely wrecked.I contacted the seller who was unwilling to repair or refund.He said that it was nothing to do with him and that it was "my problem" I paid almost £1500 for it. I contacted Paypal and after almost 7 weeks they refunded £150 which is far short from the total. I then contacted my visa company and 8 weeks later, after many many phone calls i received the total amount that i paid for back into my account. Just last week the seller contacted me and now says that he wants the fautly computer back which is now impossible as it has been scraped. The Visa company never at any time told me that i would have to return it. Where do i stand with this nightmare situation.

lisyloo

Well he told you it was "your problem" and you dealt with it.
At no time were you told to keep hold of the junk.
Tell him you have now dealt with "your problem" and at no time were you advised to keep hold of the item and it has been disposed of and please would he stop contacting you.

petenat1

Thanks for the reply.He sent an email last week that i have 28 days to send the computer back or his solicitor will be on the case and i would have a CCJ taken out against me.Anymore help would be muchly appreciated...Thanks again.

lisyloo

and i would have a CCJ taken out against me

You will only get a CCJ against you if he goes through with it AND he wins.

Where does he live?
I believe that you can have the case heard in your locality so bear in mind that he may have to travel some distance.
If he does go through with it then you will have to defend yourself in the county court.
It will be just you him (and any represenatation and a judge).
You just have to tell it like it is and say you don't have the item.
At no time were you told to retain it.

I would write to him stating that it is physically impossible for you to produce the item as it no longer exists.
State that he would not help you and at no point were you asked to retain the item by either him, paypal or Visa.

Assuming the above sentence is true then I don't think you have a lot to worry about.
He may well not go through with it (for a broken computer?).
But if he does he still has to convince the judge that you are in the wrong.
I would try to remain polite if I were you.
Personally I would write because it might avoid going to court if he believes you.

I think that he thinkgs that you've jsut tried to con him.
I would offer the judge to search my premises (I'm sure they won't but the offer might convince him/her).

petenat1

Thanks for all that. It is the way that i explained.Definately no lies. It has been a complete nightmare from the beginning.I will email him back in a polite way and state the facts. I have also rang the visa co. and am awaiting there return call. I might just hold off on the email to see what they say. At NO time did anyone say hold on to the broken Computer. I will keep you updated.

petenat1

Sorry he lives in Birmingham and i live in N.Ireland.

Tozer

I'm interested in the outcome of this one. In theory, the chargeback is a restitutionary method designed to put you in the position pre-purchase. On that basis, the computer ought really to be returned. When the money was repaid, the title to the computer would have reverted to the seller and you would have to take reasonable care of it pending its collection.

petenat1

Surely the credit card company or Paypal should of stated to me that the computer be returned once the chargeback had been completed.I didnt even receive any notice from them that the chargeback and been accepted and the money credited back to me. I was sent a letter and prepaid envelope for me to state why i wanted the chargeback but thats were it ended. Ihave not sent any emails yet. Might just hold off for a few days until i get some more replies in here.Thanks for replying...

Tozer

Agreed. At least you disposed of it in good faith so I can't see it being a huge problem. If the seller engaged a solicitor he would be wasting money as even if successful in the claim he would not be able to recover solicitors costs.

simongregson

You may have legal cover on your house insurance who would be able to advise you and defend any claim, check your policy document.

petenat1

Thanks for reply...Sorry don`t quite under stand what my house insurance would have to do with this case...More info. please....