Incorrect C/C chargeback - whose responsibility?
Incorrect C/C chargeback - whose responsibility?
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PhilboSE

Original Poster:

6,112 posts

255 months

Wednesday 21st September 2022
quotequote all
Stick with me on this...

Last year I bought some building supplies from an online merchant. It later turns out the online merchant is just a bloke who passes the orders on to builders merchants (like Buildbase) and trousers the difference between what they presumably charge his trade account vs what he charges customers.

Some of the items on the order were missing from the delivery made by Buildbase. This was indicated on the delivery note. I contacted Buildbase asking after the missing items, who said that although I was the receiving party I wasn't their customer so they couldn't talk to me.

I tried contacting the online supplier but they never answered the phone, returned voicemails, or replied to emails (many contacts were attempted by me). As I needed the materials I bought them from somewhere else and due to lack of communication from the online company I began a chargeback on the credit card for the undelivered elements (NOT the whole amount of the invoice).

Later on the online supplier contacts me and says that the chargeback was for the whole amount and I had to respond and pay them back the difference within 5 days. Somewhat amused by their expectation that I should be far more responsive to fix their issue than they were to mine, I nevertheless shared the details of the chargeback application, confirming I had received ONLY the amount I asked for, and if they were out of pocket then they needed to raise it with their card merchant - it had to be sorted out between them. I also (out of the kindness of my heart) raised the issue with my card provider telling them to refund the merchant any money they had incorrectly charged back. Apart from an acknowledgement from the card provider, I didn't hear anything else.

Today, nearly one year later, I have received an invoice from the online merchant for the "missing" amount of money they claim was charged back from them, with threats that if I don't pay within 14 days they will commence legal action against me, and I have to pay them and then claim the money back from my credit card provider.

The facts:

- The non-delivery of part of the order is not in dispute.
- Original order value taken from my C/C was £1200. Missing items from order valued at £500. (values rounded to ease reading)
- I completed a chargeback form for £500, this was later credited back to my C/C account.
- Supplier claims the full £1200 was charged back, has now invoiced me for the £700 value of the goods I received.
- The online supplier has provided some evidence that they were charged back the full £1200, I don't dispute that this has happened and they might be out of pocket

If I pay this invoice as the online supplied insists I will have paid £1200+£700-£500=£1400 for the goods I received valued at £700, and they say I have to claim the £700 back from my C/C company. The online supplier states:

I have been advised by my bank, our card provider and also a legal representative that although it is [my C/C company's] fault, it is your responsibility as their customer, to recover the money and then reimburse us the money that is owed

Does anyone have any insights into this situation? I can't see a basis on which I can "claim" the £700 back from my C/C company; they haven't done anything wrong to me directly so I can't see how I could persuade them to reimburse me for some other invoice raised against me. On the assumption that both the online supplier and I are presenting true accounts, the issue is between his C/C transaction service provider and my C/C company. If the issue is with my C/C supplier, can I be held accountable for their (in)actions?

I have kept meticulous records so if it does go legal I can support my side completely. One the one hand I don't want to have to defend against a £700 claim, equally I don't want to pay this new invoice and be the one £700 out of pocket struggling to claim it back from my C/C company when the original problem was the online suppliers total lack of customer service.

blingybongy

4,143 posts

175 months

Wednesday 21st September 2022
quotequote all
PhilboSE said:
Stick with me on this...

Last year I bought some building supplies from an online merchant. It later turns out the online merchant is just a bloke who passes the orders on to builders merchants (like Buildbase) and trousers the difference between what they presumably charge his trade account vs what he charges customers.

Some of the items on the order were missing from the delivery made by Buildbase. This was indicated on the delivery note. I contacted Buildbase asking after the missing items, who said that although I was the receiving party I wasn't their customer so they couldn't talk to me.

I tried contacting the online supplier but they never answered the phone, returned voicemails, or replied to emails (many contacts were attempted by me). As I needed the materials I bought them from somewhere else and due to lack of communication from the online company I began a chargeback on the credit card for the undelivered elements (NOT the whole amount of the invoice).

Later on the online supplier contacts me and says that the chargeback was for the whole amount and I had to respond and pay them back the difference within 5 days. Somewhat amused by their expectation that I should be far more responsive to fix their issue than they were to mine, I nevertheless shared the details of the chargeback application, confirming I had received ONLY the amount I asked for, and if they were out of pocket then they needed to raise it with their card merchant - it had to be sorted out between them. I also (out of the kindness of my heart) raised the issue with my card provider telling them to refund the merchant any money they had incorrectly charged back. Apart from an acknowledgement from the card provider, I didn't hear anything else.

Today, nearly one year later, I have received an invoice from the online merchant for the "missing" amount of money they claim was charged back from them, with threats that if I don't pay within 14 days they will commence legal action against me, and I have to pay them and then claim the money back from my credit card provider.

The facts:

- The non-delivery of part of the order is not in dispute.
- Original order value taken from my C/C was £1200. Missing items from order valued at £500. (values rounded to ease reading)
- I completed a chargeback form for £500, this was later credited back to my C/C account.
- Supplier claims the full £1200 was charged back, has now invoiced me for the £700 value of the goods I received.
- The online supplier has provided some evidence that they were charged back the full £1200, I don't dispute that this has happened and they might be out of pocket

If I pay this invoice as the online supplied insists I will have paid £1200+£700-£500=£1400 for the goods I received valued at £700, and they say I have to claim the £700 back from my C/C company. The online supplier states:

I have been advised by my bank, our card provider and also a legal representative that although it is [my C/C company's] fault, it is your responsibility as their customer, to recover the money and then reimburse us the money that is owed

Does anyone have any insights into this situation? I can't see a basis on which I can "claim" the £700 back from my C/C company; they haven't done anything wrong to me directly so I can't see how I could persuade them to reimburse me for some other invoice raised against me. On the assumption that both the online supplier and I are presenting true accounts, the issue is between his C/C transaction service provider and my C/C company. If the issue is with my C/C supplier, can I be held accountable for their (in)actions?

I have kept meticulous records so if it does go legal I can support my side completely. One the one hand I don't want to have to defend against a £700 claim, equally I don't want to pay this new invoice and be the one £700 out of pocket struggling to claim it back from my C/C company when the original problem was the online suppliers total lack of customer service.
Can't help but quoted for posterity.

5lab

1,906 posts

225 months

Wednesday 21st September 2022
quotequote all
PhilboSE said:
Stick with me on this...

Last year I bought some building supplies from an online merchant. It later turns out the online merchant is just a bloke who passes the orders on to builders merchants (like Buildbase) and trousers the difference between what they presumably charge his trade account vs what he charges customers.

Some of the items on the order were missing from the delivery made by Buildbase. This was indicated on the delivery note. I contacted Buildbase asking after the missing items, who said that although I was the receiving party I wasn't their customer so they couldn't talk to me.

I tried contacting the online supplier but they never answered the phone, returned voicemails, or replied to emails (many contacts were attempted by me). As I needed the materials I bought them from somewhere else and due to lack of communication from the online company I began a chargeback on the credit card for the undelivered elements (NOT the whole amount of the invoice).

Later on the online supplier contacts me and says that the chargeback was for the whole amount and I had to respond and pay them back the difference within 5 days. Somewhat amused by their expectation that I should be far more responsive to fix their issue than they were to mine, I nevertheless shared the details of the chargeback application, confirming I had received ONLY the amount I asked for, and if they were out of pocket then they needed to raise it with their card merchant - it had to be sorted out between them. I also (out of the kindness of my heart) raised the issue with my card provider telling them to refund the merchant any money they had incorrectly charged back. Apart from an acknowledgement from the card provider, I didn't hear anything else.

Today, nearly one year later, I have received an invoice from the online merchant for the "missing" amount of money they claim was charged back from them, with threats that if I don't pay within 14 days they will commence legal action against me, and I have to pay them and then claim the money back from my credit card provider.

The facts:

- The non-delivery of part of the order is not in dispute.
- Original order value taken from my C/C was £1200. Missing items from order valued at £500. (values rounded to ease reading)
- I completed a chargeback form for £500, this was later credited back to my C/C account.
- Supplier claims the full £1200 was charged back, has now invoiced me for the £700 value of the goods I received.
- The online supplier has provided some evidence that they were charged back the full £1200, I don't dispute that this has happened and they might be out of pocket

If I pay this invoice as the online supplied insists I will have paid £1200+£700-£500=£1400 for the goods I received valued at £700, and they say I have to claim the £700 back from my C/C company. The online supplier states:

I have been advised by my bank, our card provider and also a legal representative that although it is [my C/C company's] fault, it is your responsibility as their customer, to recover the money and then reimburse us the money that is owed

Does anyone have any insights into this situation? I can't see a basis on which I can "claim" the £700 back from my C/C company; they haven't done anything wrong to me directly so I can't see how I could persuade them to reimburse me for some other invoice raised against me. On the assumption that both the online supplier and I are presenting true accounts, the issue is between his C/C transaction service provider and my C/C company. If the issue is with my C/C supplier, can I be held accountable for their (in)actions?

I have kept meticulous records so if it does go legal I can support my side completely. One the one hand I don't want to have to defend against a £700 claim, equally I don't want to pay this new invoice and be the one £700 out of pocket struggling to claim it back from my C/C company when the original problem was the online suppliers total lack of customer service.
you claimed £700 back from your CC and presumably they only repaid you £700? If so this is probably the fault of some middle-man payments provider (stripe, paypal or similar) who is unable to pass on partial chargebacks to their customers. Phone your bank and ask them to sort it out. If you've paid the money, there's no way they would win any claim against you.

rgf100

86 posts

134 months

Wednesday 21st September 2022
quotequote all
Why not suggest they jump right to MCOL and name both you and the C/C company when doing so. That's permitted, it might kick the C/C company into gear, and means the court, if it gets that far, can deal with the whole thing at once.

Canon_Fodder

1,775 posts

92 months

Wednesday 21st September 2022
quotequote all
OP you asked for £500 chargeback from your credit card company

They actually took the entire £1200 back from the merchant

Your CCC refunded you £500.

They seem to have kept £700 for themselves.

What did your CCC say when you spoke to them?

PhilboSE

Original Poster:

6,112 posts

255 months

Wednesday 21st September 2022
quotequote all
blingybongy said:
Can't help but quoted for posterity.
Because why? Do you think you get some sort of PH points for that? There's nothing particularly contentious in it. Jesus.

PhilboSE

Original Poster:

6,112 posts

255 months

Wednesday 21st September 2022
quotequote all
Canon_Fodder said:
OP you asked for £500 chargeback from your credit card company

They actually took the entire £1200 back from the merchant

Your CCC refunded you £500.

They seem to have kept £700 for themselves.

What did your CCC say when you spoke to them?
You have it, I thought I'd described it OK but some people are struggling. Yes, it seems that the "missing" £700 is somewhere between my C/C provider and the merchant's payment management service.

I suppose the question is; whose problem is it? I'd like to say "not mine" because I've got the goods that I've paid for, and I can't see a basis for me to pay the supplier's new invoice and then somehow expect the C/C company to reimburse me for it.

I raised the issue with the C/C company, who ack'd it, but haven't responded. I've given them another nudge today.

SteveStrange

7,651 posts

242 months

Wednesday 21st September 2022
quotequote all
Canon_Fodder said:
What did your CCC say when you spoke to them?
This. Speak to your own CCC as it appears they are the ones at fault here.

Rick101

7,188 posts

179 months

Wednesday 21st September 2022
quotequote all
Personally I'd take some glee in that the lazy middleman that couldn't be bothered to refund you in the first place is now struggling with the same issue, karma and all that.

Personally, I'd bin the 'invoice'. It's nothing to do with you really. You've paid in full. Issue is between his cc supplier and his own accounting.

Canon_Fodder

1,775 posts

92 months

Wednesday 21st September 2022
quotequote all
PhilboSE said:
I raised the issue with the C/C company, who ack'd it, but haven't responded. I've given them another nudge today.
It seems likely the CCC and the supplier will work things out between them.

That said, I'd also call the supplier to explain the position to them. If they're arsey about it write to them, rejecting their claim, and stating your evidence.



Turbobanana

8,342 posts

230 months

Wednesday 21st September 2022
quotequote all
PhilboSE said:
blingybongy said:
Can't help but quoted for posterity.
Because why? Do you think you get some sort of PH points for that? There's nothing particularly contentious in it. Jesus.
Can't help I'm afraid, OP, but just to mention that the original post is waaay too well-written to be a knock-and-run.

Hope it gets sorted.

PhilboSE

Original Poster:

6,112 posts

255 months

Wednesday 21st September 2022
quotequote all
Rick101 said:
Personally I'd take some glee in that the lazy middleman that couldn't be bothered to refund you in the first place is now struggling with the same issue, karma and all that.
I must admit, my schadenfreude was pretty strong in that regard. It didn't stop me making some efforts to help him understand the situation and get it resolved.

Rick101 said:
Personally, I'd bin the 'invoice'. It's nothing to do with you really. You've paid in full. Issue is between his cc supplier and his own accounting.
That's what I'd like to do, but he's indicating he's had advice saying his shortfall is still my responsibility (although that could just be people passing the buck). It's that aspect which I'd like some guidance on. Hopefully my C/C company will kick into gear with an update on the original issue I raised.

PhilboSE

Original Poster:

6,112 posts

255 months

Wednesday 21st September 2022
quotequote all
Canon_Fodder said:
It seems likely the CCC and the supplier will work things out between them.
To be fair, the supplier raised a complaint against my C/C company and I raised a separate incident with them, and they don't appear to have responded to either in the last 10 months so at this point it might need a bit of a push. It's just that the supplier is trying to make it my problem to generate a resolution and if it isn't (my responsibility) then he can jog on. Would like to know where I stand though.

Canon_Fodder said:
That said, I'd also call the supplier to explain the position to them. If they're arsey about it write to them, rejecting their claim, and stating your evidence.
Things haven't descended into arseiness and there's polite reiteration of positions on both sides, though I have rejected a similar invoice/liability he made at the outset. His current position is that it's my problem to fix not his, and I don't know whether that is true or not. I certainly don't want to fix his problem and then leave myself £700 with no clear route to getting that money back. At the moment the solution seems simple - whoever has "his" £700 (either his payment provider, or my CCC) needs to pay it back to him. As things stand, if I just pay him the £700 and try and get some movement on the chargeback money then I can see it being credited back to him, and I suspect he'll revert back to his previous radio silence.

Pica-Pica

16,551 posts

113 months

Wednesday 21st September 2022
quotequote all
PhilboSE said:
Canon_Fodder said:
It seems likely the CCC and the supplier will work things out between them.
To be fair, the supplier raised a complaint against my C/C company and I raised a separate incident with them, and they don't appear to have responded to either in the last 10 months so at this point it might need a bit of a push. It's just that the supplier is trying to make it my problem to generate a resolution and if it isn't (my responsibility) then he can jog on. Would like to know where I stand though.

Canon_Fodder said:
That said, I'd also call the supplier to explain the position to them. If they're arsey about it write to them, rejecting their claim, and stating your evidence.
Things haven't descended into arseiness and there's polite reiteration of positions on both sides, though I have rejected a similar invoice/liability he made at the outset. His current position is that it's my problem to fix not his, and I don't know whether that is true or not. I certainly don't want to fix his problem and then leave myself £700 with no clear route to getting that money back. At the moment the solution seems simple - whoever has "his" £700 (either his payment provider, or my CCC) needs to pay it back to him. As things stand, if I just pay him the £700 and try and get some movement on the chargeback money then I can see it being credited back to him, and I suspect he'll revert back to his previous radio silence.
Just provide a list to the merchant and the credit card company of the goods you have ordered, the goods you have received, any payments and refunds with dates. Thus indicating that your payments and refunds match the value of the goods received. I don’t think you owe anymore effort than that. I certainly would not part with any more money.

Wackywoo105

490 posts

119 months

Wednesday 21st September 2022
quotequote all
If you pursue this I would only pay the £700 once you have received it from the bank, otherwise they may fix their error and pay the supplier.

Canon_Fodder

1,775 posts

92 months

Wednesday 21st September 2022
quotequote all
Pica-Pica said:
Just provide a list to the merchant and the credit card company of the goods you have ordered, the goods you have received, any payments and refunds with dates. Thus indicating that your payments and refunds match the value of the goods received. I don’t think you owe anymore effort than that. I certainly would not part with any more money.
Yes - I'd also point out (with the evidence if possible) that you only asked for - correctly - a chargeback of £500, and that's all you have received.

It's absurd of the supplier to try chase you for the other £700

5lab

1,906 posts

225 months

Wednesday 21st September 2022
quotequote all
might be a silly question but have you triple checked that the cc company didn't later re-imburse you the rest of the cash? I've certainly missed refunds before and gone in steaming before having to back down biggrin

Bill

58,596 posts

284 months

Wednesday 21st September 2022
quotequote all
Canon_Fodder said:
It's absurd of the supplier to try chase you for the other £700
This. The CCC has his money and it has nothing to do with you. He's just hoping he scares you into rolling over.

Tell him he also needs to get a refund for his legal "advice". hehe

poo at Paul's

14,601 posts

204 months

Wednesday 21st September 2022
quotequote all
Seems fairly simple to me. What I would do is double and triple check they have only refunded you £500 to your card, and that is all you asked for. Make sure you check every period, ie every month since, and before, in case he did action a refund and you've had £500 twice. If necessary, confirm with the card provider and get them to confirm that in writing.
Then double check your application for a chargeback, make sure it ties up to the amount, sounds like you have.
Get copy of c card statement to prove chargeback amount is what you asked for.
Get copies of emails and calls to online supplier that went unanswered. Double check spam folders that no reply was received.
Once all sorted, (sounds like you are there), let them do what they like. If they want to take legal action, they will have to go to Court to get that enforced, CCJ, MCOL etc, and at that point you just go to Court and show your evidence.

Do you have proof they took the whole £1200 from him? Unlikely, only his word maybe, but even if you do, it's not really your problem. You asked for a credit for the goods not delivered, if he had dealt with it, he could have refunded £500 to you via his terminal, as he ignored you, you have to go to the CC company yourself, and as a result, they have stiffed him a bit. Tough st, you have clearly paid the full amount for the goods. You have also only been refunded the amount claimed and agreed as non delivered. His £700 is nothing to do with you, he has a contract with Merchant services and they seem to have messed up.
Let him do his worst, you've been more than helpful and if he lobs more good money chasing you, he'll lose it. Obviously, if your credit card company says you have had the money, it may be different.
I wonder if he was in arrears with his merchant services bills or his overdraft and they took the £700 toward that?

surveyor

18,689 posts

213 months

Wednesday 21st September 2022
quotequote all
I investigated this scenario last year after an online blind seller wanted to walk away from making 1 out of the 4 blinds badly. I had deliberately paid by credit card for protection.

The way that I read the guidelines, is the credit card company had no way to process the chargeback but in full. How that gets the OP his part refund I'm not sure, and whose problem this is, is an interesting dilemma.

This is why my blind company changed my mind about remaking the faulty blind (in the end they remade it 3 times - incompetence at its grandest!).

I suspect the bank is sat on the difference, and I think at this stage I may email the CEO and ask his team to look into it!