Initiating a chargeback
Discussion
Last December I paid a company £1150 as a deposit for some upholstery work. When it arrived, half I rejected immediately as it was badly made; the other half, after closer exampination, needs to be remade as well.
I've sent several e-mails and photographs to the company but I've had nothng from them since the end of March, apart from two brief e-mails from a secretary saying that a director will be in touch. But he hasn't. All e-mails and two phone messages have gone unanswered, and my fear is that intend to keep my deposit and do nothing.
I'd prefer not to go legal (though will do so if required) but luckily I paid the deposit by CC. So if I can get no joy from the company, initiating a chargeback seems the next thing. However, what is the best/most effective way to do this? Should I write them a letter with all details and photos as if I was submitting a legal claim?
I've sent several e-mails and photographs to the company but I've had nothng from them since the end of March, apart from two brief e-mails from a secretary saying that a director will be in touch. But he hasn't. All e-mails and two phone messages have gone unanswered, and my fear is that intend to keep my deposit and do nothing.
I'd prefer not to go legal (though will do so if required) but luckily I paid the deposit by CC. So if I can get no joy from the company, initiating a chargeback seems the next thing. However, what is the best/most effective way to do this? Should I write them a letter with all details and photos as if I was submitting a legal claim?
Simpo Two said:
However, what is the best/most effective way to do this? Should I write them a letter with all details and photos as if I was submitting a legal claim?
Depends on your credit card provider. Nationwide will take the initial info on the phone then send out a form that needs to be completed with details of the claim.Beware of any time-outs though, if you initially paid in December you may be too late...
Thanks all, I didn't know about the time limit so I have until mid-June to lob one in. I'll call Capital One tomorrow and see how best to proceed.
I have told the supplier that the remaining cushions will have to be remade, and sent photos of the issues, so it's clear the whole job is rejected.
Thanks again
I have told the supplier that the remaining cushions will have to be remade, and sent photos of the issues, so it's clear the whole job is rejected.
Thanks again
just be prepared for a very drawn out process. I would go small claims in tandem. The charge back process is complex with some very odd small print. If you don't get any goods then it's cut and dry but in my experience, receiving some or sub par, it's a mine field and you may find investing a lot of time. good luck
my 5 star hotel was not 5 star, bird s
t all over the outside dining and the toilet in my room had piss on the seat. It was not 400 sheets a night so i bailed and went elsewhere. travel agent fought it and won on a technicality. i did get fully compensated but not by visa. funny story but natwest had to pay as they told me on the visa hotline i was entitled to change hotels. expensive oversight
my 5 star hotel was not 5 star, bird s
t all over the outside dining and the toilet in my room had piss on the seat. It was not 400 sheets a night so i bailed and went elsewhere. travel agent fought it and won on a technicality. i did get fully compensated but not by visa. funny story but natwest had to pay as they told me on the visa hotline i was entitled to change hotels. expensive oversight You've got a tricky case so expect a bit of leg work. You still have half the goods? If so I would expect you to be asked to get an independant report from a company of the same kind detailing your points about them being sub-par, faults etc. Then they will need you to confirm that you have told the original company in question that the goods are available to be collected from yourself.
There will be more but everything will be explained over the phone and in writing once you've spoken to your Bank.
Have seen many cases like this go through without a hitch so would expect it to be fine, not fun though.
There will be more but everything will be explained over the phone and in writing once you've spoken to your Bank.
Have seen many cases like this go through without a hitch so would expect it to be fine, not fun though.
Aphex said:
Then they will need you to confirm that you have told the original company in question that the goods are available to be collected from yourself.
Here's my e-mail sent 2 May:Simpo's War Chariot said:
20 week have elapsed since I paid your company £1,150 deposit and these are my observations.
[Bandit company] has now (1) failed to make any cushions of acceptable quality despite having had 20 weeks to do so, (2) failed to reply to my e-mail with photographs of 31 March, (3) failed to reply to my reminder e-mail of 13 April, (4) failed to give the 'full response tomorrow' promised on 21 April, and (5) failed to arrange the meeting w/c 27 April that you apparently wanted.
In light of the above you will understand why I have lost confidence in [Bandit company] to complete the job at all, let alone to a satisfactory standard. The base cushions need to remade as well.
I therefore suggest it is time for [Bandit company] to resign the contract and return my deposit (£1,150 paid on 12 December 2014) so that I can find another supplier. If this is agreeable to you my bank details are: [], and you can collect the base cushions from the marina office if you wish.
Your Bank may or may not ask for recorded delivery, depends on the person dealing with your case. What I'd do is give them a call, outline your case over the phone so thats its recorded on your account and then send in all your details with a covering letter (send copies not originals).
If anything is missing they will give you a call and let you know. Its been about 4 years since I've dealt with chargebacks myself but I don't think the game has changed much in that time. You'll get an extended last chargeback date with this type of dispute so I wouldn't worry too much about time restraints.
Oh and if you get any resistance at all, always throw in the ol' section 75 of the consumer credit act. It costs the Bank £500 just for the ombudsman to look into a case so you'll find them a little more pliable lol.
If anything is missing they will give you a call and let you know. Its been about 4 years since I've dealt with chargebacks myself but I don't think the game has changed much in that time. You'll get an extended last chargeback date with this type of dispute so I wouldn't worry too much about time restraints.
Oh and if you get any resistance at all, always throw in the ol' section 75 of the consumer credit act. It costs the Bank £500 just for the ombudsman to look into a case so you'll find them a little more pliable lol.
R1 Indy said:
HSBC seem happy to do it instantly over the phone.
Im currently playing ping pong with a supplier we had a disagreement with!
They made an un-authorised transaction, i get it chargeback, they then took it again, currently on the fourth round!!
That's a different type of query dealt with in a different way but yes, some companies will just keep putting them through! And because you originally gave them authority to debit the card then the bank can't stop the transactions, only refund them once they're on there. Rubbish!Im currently playing ping pong with a supplier we had a disagreement with!
They made an un-authorised transaction, i get it chargeback, they then took it again, currently on the fourth round!!
Simpo Two said:
Is Capital One actually a bank or a credit card company?
Sorry, doesn't matter either way, just get caught up with Bank as that's where I worked for so long. All credit card companies have to operate under visa/MasterCard rules and regs so every company should operate the same wayThe chargeback process has a few layers. Once the cc company have enough details to process a chargeback that is sent to the retailers Bank. The retailers Bank have 45 or so days to represent the chargeback if they think you're not due the money back. This is sent back to your cc company. They will then come out to you for your comments and if you do not agree with them it will go off into arbitration.
I know this doesn't answer your question but I actually don't know, just a little heads up for what might come your way. I would assume not but definitely check with your cc company just in case.
I know this doesn't answer your question but I actually don't know, just a little heads up for what might come your way. I would assume not but definitely check with your cc company just in case.
C1 were very helpful - a chap talked me to the Disputes page http://www.capitalone.co.uk/images/pdf/disputes-fo... - I complete this (photos go by e-mail) and they said it will take 7-10 days. Apparently they ring up the retailer, have a chat and then make a decision. Can it be that simple?
Simpo Two said:
C1 were very helpful - a chap talked me to the Disputes page http://www.capitalone.co.uk/images/pdf/disputes-fo... - I complete this (photos go by e-mail) and they said it will take 7-10 days. Apparently they ring up the retailer, have a chat and then make a decision. Can it be that simple?
As long as the retailer are good with it then it certainly can be 
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