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Good ol' US of A

Hi
I've ordered some goods via the net from the States and guess what.. They've not arrived.
Repeated emails were not replied to :mad: .( a friend tried from his account and got a reply in 6 hours :mad: :mad: )
Finally a phone call ( at 11.00pm ! -California )got through and they stated the goods would be sent that afternoon with an email to confirm despatch.
No email arrived.
Another phone call the next night got an ansaphone.
Even though I researched the company as best as I could to try and find any reasons not to order from the I found nothing untoward
So they are either administerally a Shambles or a bunch of crooks -it's difficult to tell. :rolleyes:
The value of the goods is is £71.00 using Halifax Visa

My question is can I use a Disputed Payment Procedure for this order based on Breach of contract ??

The Halifax 'advised me' that I should allow them all reasonable opportunity to
complete the contract.

Frankly I've had enough and three weeks . 9 emails and one phonecall seems reasonable to me.

Any thoughts appreciated
Regards Pete
«1

Comments

  • Reaper
    Reaper Posts: 7,363 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    You have 2 problems claiming under Section 75 (which makes credit card companies liable too if you fail to get your goods).

    1) They are not liable for purchases under £100
    2) They are not liable for purchases from foreign companies.

    Some companies will waive this and pay up anyway, but they don't have to so ask nicely!
  • Niteflyer
    Niteflyer Posts: 1,403 Forumite
    ptrcdl wrote:
    Hi
    I've ordered some goods via the net from the States and guess what.. They've not arrived.
    Repeated emails were not replied to :mad: .( a friend tried from his account and got a reply in 6 hours :mad: :mad: )
    Finally a phone call ( at 11.00pm ! -California )got through and they stated the goods would be sent that afternoon with an email to confirm despatch.
    No email arrived.
    Another phone call the next night got an ansaphone.
    Even though I researched the company as best as I could to try and find any reasons not to order from the I found nothing untoward
    So they are either administerally a Shambles or a bunch of crooks -it's difficult to tell. :rolleyes:
    The value of the goods is is £71.00 using Halifax Visa

    My question is can I use a Disputed Payment Procedure for this order based on Breach of contract ??

    The Halifax 'advised me' that I should allow them all reasonable opportunity to
    complete the contract.

    Frankly I've had enough and three weeks . 9 emails and one phonecall seems reasonable to me.

    Any thoughts appreciated
    Regards Pete

    As reaper said, they are your 2 main problems :(

    But........ there is one saving grace here, you are with HALIFAX and they are renowned for being understanding in these situations.

    So...... I would do as they said and wait just a while longer, then contact them again and see if they will help you. :)

    BTW, who was the comapny that you bought from?

    Matt
    "I Assume I Need No Introduction"
  • Thanks for the rapid replies
    I'll continue pestering them until sending the goods is the only way to
    get some peace !

    I'm not surprised however that i'm on a sticky wicket ,so it looks like it'll be down to who I talk to one the day....
    as you say .. Nicely.

    BTW

    The company sells Hiking gear
    http://www.walkabout.com/ (Down under enterprises)


    I ordered a barbour type jacket
    half the u.k price... or it would have been if it had turned up :rolleyes:
  • M_Thomson
    M_Thomson Posts: 1,596 Forumite
    Part of the Furniture
    Reaper wrote:

    2) They are not liable for purchases from foreign companies.

    This is actually a grey area at the moment. I read something on here that the law regarding that is being looked into. Most card companies will refund most overseas transactions that come under section 75 until the law is clarified.
  • Reaper
    Reaper Posts: 7,363 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    A case brought to court to clarify purchases abroad was lost, and despite talk of an apeal I'm not aware that one ever took place.

    FYI those who were opposed to covering people abroad included Lloyds TSB, Tesco Personal Finance and American Express - so I'd stay clear of them for buying abroad.

    The most recommended card for foreign purchases, Nationwide, has said they will continue to cover abroad, as have many others.

    By the way I have never heard of any company enforcing the £100 limit either. However it is as well to know the limitations before getting stroppy and talking about legal rights!
  • Yes It's a grey area all right and one which I've boldly waded in to.
    This was my first transatlantic purchase ( hundreds of uk mainland with no probs)
    so I checked out as much as I could
    via hiking and walking forums /put the site/ CEO's Name in to google to see if there was any mentions of them or him - yes but nothing to concern. T
    he company has a registered trading address.
    They replied to my enquiries ( But I suppose they would .. thinking about it )
    Then it all went pants...

    Are you saying reaper that the £100 limit is an arbitrary figure ?

    BTW trying to find anything about this situation on the Halifax website is a real trial.

    Regards Pete
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Some information here...

    http://www.oft.gov.uk/News/Press+releases/2002/PN+60-02+Protection+for+credit+card+holders+when+they+shop+abroad.htm

    and here...

    http://www.citizensadvice.org.uk/index/pressoffice/press_index/press-041211.htm

    Like others have said, you'll have to ask "nicely" as...

    1. they don't "have" to give you protection, and

    2. the dispute is for less than £100.
  • It may also depend on the way that they send the parcel to you. If it goes overland (as opposed to airmail) then it could take 2 months to arrive.
    I presume that you paid in dollars (US companies taking sterling payments are rare indeed) therefore if you get a refund Halifax will only refund the equivalent of the dollar amount to your card, almost certainly less than you paid.
    Eric
  • ejones999
    That's correct I paid in dollars which came out as approx £71.00
    Even getting £60 back wouldn't be too bad compared with the situation at the moment.Chalk it up to experience :rolleyes:
    They stated they used Global express. which is part of the USPs group and that delivery was 14 days so presumeably air freight.

    Yorkshireboy
    Thanks for the links but it confirms the 'Speak sweetly ' approach when it comes to the Halifax. 'I've bin a good customer Guv Honest '
    This , I feel ,is going to be a lesson that I'm not going to forget in a hurry
    or at least my bank balance won't ! :o
  • Reaper
    Reaper Posts: 7,363 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    ptrcdl wrote:
    Are you saying reaper that the £100 limit is an arbitrary figure ?
    No, in law they don't have to cover you under £100. I'm just saying that in the interests of good customer relations the credit card companies don't normally hide behind the law when they only have a small amount to lose.

    I once claimed for a £6 DVD when the company I ordered it from went bust. The credit card company paid up without fuss.
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