Can I refund by a different payment method?

Can I refund by a different payment method?

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Moose1978

Original Poster:

644 posts

238 months

Friday 29th August 2014
quotequote all
As per the title.

The company I work for has always processed refunds using the original method of payment (eg, the customer paid with a credit card and the refund goes back onto a credit card)

Although refunding the payment via a different method is frowned upon (due to money laundering), is it actually illegal??

grumbas

1,041 posts

191 months

Friday 29th August 2014
quotequote all
Don't think it's illegal, but opening yourself up for fraud.

Customer buys on card and insists on refund by bacs/cheque/cash - just wait for the chargeback to come through...

jammy_basturd

29,778 posts

212 months

Friday 29th August 2014
quotequote all
I have to say I always thought it was illegal under anti-laundering law.

Quick Google brings up this thread on MSE: http://forums.moneysavingexpert.com/showthread.php...

And the relevant bit of legislation: http://www.legislation.gov.uk/ukpga/2002/29/sectio...

R1 Indy

4,382 posts

183 months

Friday 29th August 2014
quotequote all
Doubt it's illegal.
When I worked at Tesco, always refunded in cash as was much quicker/easier.

grumbas

1,041 posts

191 months

Friday 29th August 2014
quotequote all
jammy_basturd said:
I have to say I always thought it was illegal under anti-laundering law.

Quick Google brings up this thread on MSE: http://forums.moneysavingexpert.com/showthread.php...

And the relevant bit of legislation: http://www.legislation.gov.uk/ukpga/2002/29/sectio...
Doesn't really say it's illegal, just you shouldn't knowingly facilitate.

So for example someone buys an expensive item with cash, returns it requesting a refund to their card/bank account - if the cash was from proceeds of crime (drugs or similar) the transaction would 'legitimise' the money in the bank to a certain extent. But the person processing the transaction has to reasonably suspect it's dodgy for it to become illegal.

I remember seeing something recently about fixed odds machines in bookies being a current favourite as apparently you can gamble cash and get winnings paid into your bank, so whilst fixed odds you're going to loose a bit it's an acceptable 'business expense' for wherever the cash originated from.

A shop keeper refunding a £10 purchase in cash that was paid for by card because it's less hassle isn't illegal as odds of someone mucking around doing loads of £10 purchases to launder money is exceptionally unlikely. As I mentioned before though it leaves the shop keeper open for a chargeback as no evidence of the refund. I suspect this is the reason the big retailers enforce refunds by the same method.

LooneyTunes

6,824 posts

158 months

Friday 29th August 2014
quotequote all
jammy_basturd said:
I have to say I always thought it was illegal under anti-laundering law.

<snip>

And the relevant bit of legislation: http://www.legislation.gov.uk/ukpga/2002/29/sectio...
POCA isn't the most relevant consideration: the Money Laundering Regulations 2007 is really what you want http://www.legislation.gov.uk/uksi/2007/2157/pdfs/... (along with JMLSG guiadance).

Not illegal but, given the downside of falling foul of AML could include jail time, people tend to err on the side of caution.