Bank refusing Chargeback
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craig_1986
Posts: 7 Forumite
in Credit cards
Hi,
I am looking for some advice on a chargeback.
My parents were renovating their house and bought a kitchen in Septemeber 2016. It was subsequently installed in February 2017 after building work completed.
By mid-July 2017 we noticed the doors seemed to be failing and tried to get in touch with the company by phone. Never got through so went to the showroom and discovered it was closed for refurbishment.
By August almost all the doors and lower side panels were defective in the kitchen. I took two doors to another of the companies showrooms. I spoke to the original salesman who sold us the kitchen and he comforted it shouldn't have happened. He took pictures and sent them to the operations director and said he would call me back with a solution.
Never received call back. Called again twice more and spoke to the salesman again who said he would be arranging replacements, but the operations director had a bereavement and this had caused delays.
Never received a callback. Spoke to the salesman again mid-August and he advised the original company had ceased trading and resumed business under a new name. He offered to replace the failed units but we would need to pay the cost of manufacture.
I refused and contacted the bank.
The bank has refused the claim stating my parent are only covered for 120 days from the date of receipt.
Any advice? It seems unfair as the defect never appeared until sometime after.
Thanks in advance.
I am looking for some advice on a chargeback.
My parents were renovating their house and bought a kitchen in Septemeber 2016. It was subsequently installed in February 2017 after building work completed.
By mid-July 2017 we noticed the doors seemed to be failing and tried to get in touch with the company by phone. Never got through so went to the showroom and discovered it was closed for refurbishment.
By August almost all the doors and lower side panels were defective in the kitchen. I took two doors to another of the companies showrooms. I spoke to the original salesman who sold us the kitchen and he comforted it shouldn't have happened. He took pictures and sent them to the operations director and said he would call me back with a solution.
Never received call back. Called again twice more and spoke to the salesman again who said he would be arranging replacements, but the operations director had a bereavement and this had caused delays.
Never received a callback. Spoke to the salesman again mid-August and he advised the original company had ceased trading and resumed business under a new name. He offered to replace the failed units but we would need to pay the cost of manufacture.
I refused and contacted the bank.
The bank has refused the claim stating my parent are only covered for 120 days from the date of receipt.
Any advice? It seems unfair as the defect never appeared until sometime after.
Thanks in advance.
0
Comments
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I'd have thought section 75 may be more relevant.0
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It was on a Visa Debit card. I thought section 75 only applies to credit cards0
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craig_1986 wrote: »It was on a Visa Debit card. I thought section 75 only applies to credit cards
Yes it does.
So I'm afraid your position is as it would have been if you had paid by cheque, bank transfer or cash. Chargeback is indeed time limited and has limited application. The bank can do nothing now.0 -
What warranty was provided for the units? Should be more than 1 year...
The dissolving previous business and setting up a new one could be an issue... But depends how the courts would see it.
How much are they asking for (manufacture cost) to replace these doors? If it’s a significant amount and not affordable, you could maybe seek a free 30 minute legal advice from a solicitor. See if they have a case if now a new business in terms of warranty / fit for purpose...0 -
craig_1986 wrote: »Hi,
I am looking for some advice on a chargeback.
My parents were renovating their house and bought a kitchen in Septemeber 2016. It was subsequently installed in February 2017 after building work completed.
By mid-July 2017 we noticed the doors seemed to be failing and tried to get in touch with the company by phone. Never got through so went to the showroom and discovered it was closed for refurbishment.
By August almost all the doors and lower side panels were defective in the kitchen. I took two doors to another of the companies showrooms. I spoke to the original salesman who sold us the kitchen and he comforted it shouldn't have happened. He took pictures and sent them to the operations director and said he would call me back with a solution.
Never received call back. Called again twice more and spoke to the salesman again who said he would be arranging replacements, but the operations director had a bereavement and this had caused delays.
Never received a callback. Spoke to the salesman again mid-August and he advised the original company had ceased trading and resumed business under a new name. He offered to replace the failed units but we would need to pay the cost of manufacture.
I refused and contacted the bank.
The bank has refused the claim stating my parent are only covered for 120 days from the date of receipt.
Any advice? It seems unfair as the defect never appeared until sometime after.
Thanks in advance.
The bank is correct which is unfortunate for your parents. For things like this is 120 days from when the Work was completed.
Even paying a small part by credit card would have helped and is what many people do. Hope they can get it sorted somehow.0 -
As others have said, there is a 120day limit on chargeback because this is the hard limit that banks can withhold card payments pending any disputes. After 120 days all amounts in "escrow" are forwarded to the merchant. Its hard lesson but always, always use a credit card in these situations for S75 protection.
Since the company is now liquidated its unlikely you will ever get that money back. Although it might seem unfair to throw good money after bad, perhaps you can explore replacement doors from another manufacturer as most are modular.0 -
Thanks for all the reply's, as disappointing as they are. Another hard lesson learned.0
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Hi Folks
I at the end of last year I entered into a DMP and was advised to stop paying all my creditors I contacted safety net credit and informed them of this and for them to cancel CPA and not take any payments.
I also informed nationwide of this on the phone I sent them a secure message on the App, lo and behold the next week safety net credit takes £318 from my account and a lot of to and fro Nationwide processed the charge back and paid it back 10 days later as I assumed it was their fault and they were taking the hit for it.
Today a letter arrived from Nationwide saying they have sided with safety net and they was no case for a charge back and they will be taking the money from my account 20 days from date the letter was processed attached to the letter was summery of borrowing and a copy of my credit agreement from safety net credit.
1.I informed nationwide at the time I was entering in to a DMP and I was advised to stop all CPAs on my account I then sent them secure message informing the same.
2.Does the blame not lay with Nationwide for letting this payment go?
3.Do I have redress here r do I have 13 days to magic £318?
regardsFAUGH-A-BALLAGH0 -
How was the payment set up? I would have thought it was DD, rather than a CPA.
I'd be surprised if a loan repayment had been catergorised as a CPA as it is for a defined period.
So I would say option 3.0 -
Hi zx81
There was no direct debit set up as it was classed as a payday loan and repaid via CPA. it took 45 mins on the phone before the advisor worked out how to cancel the CPA or shall I say attempt to cancel it.
I was informed by Nationwide that( the CPA was Canceled and that safety net credit could not take any payments out of my account).
regardsFAUGH-A-BALLAGH0
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