So, let's say...

MagicMarker

Purely hypothetical situation, let's see what ya'll think.

Let's say an electronic item is purchased from a well known online electronic 'store' prior to Christmas. Said electronic item is not delivered. The tracking information is incomplete and shipping company confirm the item was 'lost'.

The 'store' had been contacted by email at the time the item was not delivered* and it is confirmed that when the item is returned or the shipping company confirm the loss then a refund shall be issued. The credit card company is also contacted and confirm that the money could be charged back, or whatever that process is called.

So, we assume all is good and go about our business.

Some time later it is determined that the credit card company cannot reverse the charges for whatever reason and the 'store' in question have not refunded any monies.

So, queue an onslaught of emails to the 'store' asking what the story is only to be told that no money will be refunded. Never given a valid reason why, considering the tracking information is incomplete and the shipping co. have confirmed that the item is lost, at least confirmed that to the receiver. Queue more emails to the store basically hounding them and thus in turn feeling like you're being fobbed off with generic replies that it is being looked into, as well as one reply actually stating something along the lines of....

''Please note that you should have contacted us earlier in order to proceed with your request''... * remember, they were contacted when the item was not delivered

Let's say, this hypothetical situation has been ongoing for 7 months and the amount in question is about 350 euro.

Now, my own particular opinion on a situation like this is that regardless of the time elapsed, a product was purchased and never received and a refund should be issued.

If this were to ever happen, What action would/could you take?

Spike440

That's a very annoying situation. While you could allege breach of contract and various consumer protection provisions, the hassle and expense of even going to a solicitor over such a small amount might outweigh the value of the recovery.

The best thing to do is to make yourself so much of a pain in the *ss for the company that they just fix it quickly. That means calling and speaking to somebody important, threatening legal action, threatening to go to the national consumer agency and threatening them with Joe Duffy or the newspapers. I worked in customer service before and the golden rule is that if a person becomes a huge pain in the *ss then they get whatever they want just to get rid of them (within reason).

Have a look on the website for the national consumer agency for more advice or make a complaint:

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

MagicMarker

Spike440 wrote: »

That's a very annoying situation. While you could allege breach of contract and various consumer protection provisions, the hassle and expense of even going to a solicitor over such a small amount might outweigh the value of the recovery.

The best thing to do is to make yourself so much of a pain in the *ss for the company that they just fix it quickly. That means calling and speaking to somebody important, threatening legal action, threatening to go to the national consumer agency and threatening them with Joe Duffy or the newspapers. I worked in customer service before and the golden rule is that if a person becomes a huge pain in the *ss then they get whatever they want just to get rid of them (within reason).

Have a look on the website for the national consumer agency for more advice or make a complaint:

http://www.consumerconnect.ie/eng/Working_With_You/Submit_a_Consumer_Complaint/

I also agree with the pain in the ass theory.

Also, let's say say the company is not based in Ireland (but is within Europe) and it is very hard to contact them by phone.

Spike440

MagicMarker wrote: »

Also, let's say say the company is not based in Ireland (but is within Europe) and it is very hard to contact them by phone.

Hmmm, I would still make contact with the NCA. Maybe try emailing the company frequently and regularly. Say ... every hour on the hour?

Vegeta

Why wont your credit card company carry out a charge back?

They did it for me when I bought something that never arrived from e-bay (after 3 months).

Rang them, they said I needed to send them in my case in writing. No bother, printed a load of e-mails off etc. Simple cover letter explaining the situation.

The credit card compnay try and contact the seller and give them 28 days to respond and prove they provided the service.

If they don't reply, you get the money back.

MagicMarker

To be honest, i don't know.. When the purchase was made i wasn't using my own credit card. So i used my mothers.

After the purchase i moved away and i am now in a different country. My mother contactd visa who said that it would be charged back. Which is why i left it at that because i thought it was sorted. She only told me about 8 weeks ago that they sent a letter saying nothing could be done. I don't know the reasons and because it's not my card i can't really talk to visa myself, being in a foreign country is definitely not helping either. I can't really deal with visa until i get back which won't be until September.

Planxty

MagicMarker wrote: »

To be honest, i don't know.. When the purchase was made i wasn't using my own credit card. So i used my mothers.

After the purchase i moved away and i am now in a different country. My mother contactd visa who said that it would be charged back. Which is why i left it at that because i thought it was sorted. She only told me about 8 weeks ago that they sent a letter saying nothing could be done. I don't know the reasons and because it's not my card i can't really talk to visa myself, being in a foreign country is definitely not helping either. I can't really deal with visa until i get back which won't be until September.

That doesn't sound very hypothetical! haha

MagicMarker

I'm talking from a hypothetical viewpoint;)

Steve

AFAIK in a hypothetical case in a hypothetical court of law, you would have to provide proof of hypothetical payment by way of a hypothetical credit card statement and they would have to provide proof of hypothetical delivery of the hypothetical goods.

MagicMarker

I concur....

If in a hypothetical situation, they would not have a leg to stand on if legal action were taken.

MagicMarker

Just a quick update on this purely hypothetical situation....

Over recent emails back and forth from the company in question, i was given an email address of a person to make a complaint to.

I thought this was a step in the right direction as it was a physical email address that i could actually reply to, rather that a contact form on a website.

So, the Friday before last. I emailed this person, it was a looooong email, but i clearly and concisely made my case and explained everything in detail.

I waited until the friday just gone to get a reply, nothing was received. So i emailed again last night and when i check my mail this morning the person has responded and confirmed that a refund shall be issued in the coming days.

Success!!:D

It only took nearly two months of continuous emails to get a result in this purely hypothetical situation. Victory is mine;)