Visa Chargeback

spencer24

I had a similar problem with a guitar I bought on eBay with my AMEX credit card. I requested refund from the seller, but he refused, so I had to do a chargeback. However AMEX asked me to ship back the guitar and to send them a copy of the shipping receipt, and after I did, they proceeded with the chargeback...

Renovatio

petenat1 wrote: »

I can hear a small bit of sarcasm in you post. At the end of the day YES all the components were faulty. Beleive it or not!!!I don`t really care what YOU think. My Conscious is clean...Is yours!!!

I am not disputing that you received a pile of junk, however, to dispose of the goods without giving the seller a chance to collect them (as mentioned previously) is leaving you on dodgy ground; unless you can categorically prove that ALL the items were faulty?

Did you get an independent computer retailer/engineer to inspect the goods? Was there monitors and peripherals included with the computer? Were they faulty as well? Did you photograph any damage?

Best to prepare any supporting evidence that you have now, in advance of any possible court action.

lisyloo

however, to dispose of the goods without giving the seller a chance to collect them (as mentioned previously) is leaving you on dodgy ground; unless you can categorically prove that ALL the items were faulty?

I can see what you are saying but let's bear in mind that the seller said "your problem" and effectively that he wanted nothing to do with it.

The buyer is not a legal expert and was not aware of his obligations.
At no stage did the seller, paypal or ebay put any conditions on the refunds.

My view is that if the buyer goes to court then the judge will treat him as a lay person with NO legal knowledge.
If the refunds came with strings attached these should have been made clear to him.

I understand all the good reason for keeping the items
1) for PROOF that they were wrecked
2) they are owned by the seller after the refund

However would a judge expect someone without legal knowledge to know this?
I say no (but I am not a lawyer).

Tribulation

petenat1 wrote: »

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.

If I had found myself in the same situation as you, I would probably have done exactly the same thing. But thinking about it, if you buy a 3 piece suite or 50" TV etc and there's a problem with it, you wouldn't expect the credit card company to refund your money and say you can keep the goods.

Also with a £1500 PC, just because it wasn't working, unless he was conning you and there wasn't around £1500 worth of components, chances are a lot of the PC was still usable/salvageable.

petenat1

Renovatio wrote: »

I am not disputing that you received a pile of junk, however, to dispose of the goods without giving the seller a chance to collect them (as mentioned previously) is leaving you on dodgy ground; unless you can categorically prove that ALL the items were faulty?

Did you get an independent computer retailer/engineer to inspect the goods? Was there monitors and peripherals included with the computer? Were they faulty as well? Did you photograph any damage?

Best to prepare any supporting evidence that you have now, in advance of any possible court action.

All of the items were indeed faulty. I have a report from an intependant computer specialist stating that this is indeed the case.They also took pictures of the damaged components. I have all this evidence to prove.

petenat1

lisyloo wrote: »

I can see what you are saying but let's bear in mind that the seller said "your problem" and effectively that he wanted nothing to do with it.

The buyer is not a legal expert and was not aware of his obligations.
At no stage did the seller, paypal or ebay put any conditions on the refunds.

My view is that if the buyer goes to court then the judge will treat him as a lay person with NO legal knowledge.
If the refunds came with strings attached these should have been made clear to him.

I understand all the good reason for keeping the items
1) for PROOF that they were wrecked
2) they are owned by the seller after the refund

However would a judge expect someone without legal knowledge to know this?
I say no (but I am not a lawyer).

THANKS for your comments loo. I have taken all on board that you have said. I rang my house insurance family legal solicitors today who were most helpful. They are supporting me if and when i receive a letter from a solicitor.Also Paypal are 100% behind me and have there legal team updated of my problem.Your right to say that i am not a legal expert. I just wanted a fully working computer at the end of the day. I thought that when i received the chargeback from visa that was the end of.There was not letters or clauses stating that the goods were returned. Nievely i thought that that was the end of it. SILLY me!!!!Thanks again for your helpful replies.I sent an email yesterday to the seller stating all the facts and that i am happy to go to court to settle this. I await a letter from legal side or a reply from him...

Tribulation

petenat1 wrote: »

All of the items were indeed faulty. I have a report from an intependant computer specialist stating that this is indeed the case.They also took pictures of the damaged components. I have all this evidence to prove.

Both graphics cards faulty, all memory faulty, CPU faulty, motherboard faulty, power supply faulty, dvd player faulty, case faulty? On a £1500 gaming PC, even the case could cost well over £100

Not disbelieving you, just want to make sure your fully prepared should the questions be asked. As they were photographed, I presume the goods were physically damaged? In which case could this have happened in transit and the courier company be libel? Most components inside a PC (in addition to the sale of goods act between you and the business you brought it from, presuming it was a business) have at least a 12 month warranty with the manufacture, top end graphics cards often have 5 years to lifetime, depending on make.

petenat1

Tribulation wrote: »

Both graphics cards faulty, all memory faulty, CPU faulty, motherboard faulty, power supply faulty, dvd player faulty, case faulty? On a £1500 gaming PC, even the case could cost well over £100

Not disbelieving you, just want to make sure your fully prepared should the questions be asked. As they were photographed, I presume the goods were physically damaged? In which case could this have happened in transit and the courier company be libel? Most components inside a PC (in addition to the sale of goods act between you and the business you brought it from, presuming it was a business) have at least a 12 month warranty with the manufacture, top end graphics cards often have 5 years to lifetime, depending on make.

I rang the courier company at the time and explained the problem. There policy was never to insure computer goods in transit. The seller never even sent the goods with insurance inc. At the time of the dispute i tried from the seller to get the dealers names from where the products were purchased.HE NEVER REPLIET TO ME. As the goods were phsically damaged NO manufacturer would have replaced the items. The motherboard had bent copper heats pipes on it that could not have been damaged in transit.The cards did not look new and had scrapes on both.The hard drive casing units were cracked.NEED i say more!!!!