disputing international digital downloads purchased by credit card

goodbuyer1 · 9 April 2012 at 2:55PM

I have bought an audiobook via digital download from an American website and paid by credit card. It was advertised as being 14 hours long, but instead it is 10 hours long.

I have also bought another audiobook at the same time from the same seller, and the file downloaded was not the one advertised at all. It was a completely different one.

I emailed the seller never replied to my email, can I dispute both purchases with my credit card issuer? If so, how should I proceed?
Thanks

chattychappy · 9 April 2012 at 3:33PM

If each transaction was over £100 and they weren't via Paypal or a third party) then the CC is liable under s75.

If less than £100 but purchased directly, then whilst you might not be able to insist on a refund as of right, the CC may be willing to take up the dispute via a chargeback.

If via Paypal (or equivalent) then you could try their dispute resolution process or your CC, but your CC may be less able to help.

goodbuyer1 · 9 April 2012 at 7:53PM

Thanks for the reply, the purchase was below £ 100. If I have a chance then I'll try to dispute the charges.

I bought directly by card. I really advise against Paypal for digital downloads as they will not refund if disputed. They only allow disputes for physical products, not digital downloads etc.
If you open a dispute with paypal for a digital download, they will automatically close it.

Nasty, isn't it.

goodbuyer1 · 9 April 2012 at 7:58PM

the CC may be willing to take up the dispute via a chargeback.

so I can still claim a chargeback on the grounds that the goods were different than the ones described, am I correct?

( I have never disputed a credit card charge before)
Thanks

chattychappy · 9 April 2012 at 9:07PM

goodbuyer1 wrote: »

the CC may be willing to take up the dispute via a chargeback.

Others with more experience of this procedure will advise. But the principle is that for an authorised transaction outside of s75 you are not entitled to any help as of right (unless something is offered in the T+Cs - it isn't in mine).

But CCs do sometimes help because via chargeback (a mechanism which enables them to pull money back through the network from the merchant) they can recover the money. Therefore they are not out of pocket. The networks impose some rules on its usage. I would ring up your CC and ask.

I remember there was an ombudsman case where the FOS ruled that given the availability of chargeback to CCs, it wouldn't expect CCs to deny help to consumers in situations where chargeback could apply notwithstanding the fact that legally they might not be required to process a claim.

goodbuyer1 · 10 April 2012 at 11:37AM

ok, in that case I'll phone the CC. Thanks

Plxply · 10 April 2012 at 1:15PM

chattychappy wrote: »

legally they might not be required to process a claim.

However all Visa and Mastercard issuers have to process chargebacks, so they would be breaking their agreement if they didn't. Although that will be an extremely difficult point to argue

goodbuyer1 · 13 April 2012 at 2:11PM

I can't find the HSBC cc chargeback form online, is it ok to send this form to HSBC cc ?
http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

meer53 · 13 April 2012 at 2:44PM

If you call them they'll send one out for you, there are specific declarations for different chargebacks, you need to speak to them first to see whether a chargeback can be actioned. You're probably wasting your time sending a generic one.

goodbuyer1 · 15 April 2012 at 11:00PM

ok, thank you

goodbuyer1 · 12 June 2012 at 2:40PM

they sent me a declaration to fill and I sent it back with copies of all documentation I have: purchase receipts, even a copy of the ad, and a statement of why the item is not as described: the audiobook is less than 10 hours long and not 14 as described by the seller. Received a letter from these dimwits which reads:

''I regrets to inform you that we are unable to assist you in this matter as we have not received sufficient documentation to prove that this service was misrepresented''.

So that's it? In 7 years I never claimed a chargeback with these people and they just write 'we can't help you, sorry, bye'.

Is there something else I can do other than sending them a letter that reads : 'thank you. Now you can cancel the card and offer it to someone else as your 'protection' is a load of rubbish', which I am seriously thinking of doing?

thanks

disputing international digital downloads purchased by credit card

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