Help! Can't get my money back!

almav

Can somebody tell me what are my rights!? 'Goods' were bought on my credit card from an online shop atcost of 902.17eur. I didn't place an order, neither did my family members. Soit looks that the transaction was fraudulent. But the bank told me that the 3Dsecurity pin was used. It was only me who knew the password. The online shopmanager told me, that the goods have not been dispatched. They are happy torefund the money if my bank sends them a letter with request. The bank refusedme a chargeback. I've complained to costumer care unit. After a long wait I sawa refund on my account. Was very happy, but not for long. After few weeks thebank debited the same amount. After speaking to a bank and a retailer, came toa conclusion that nobody can do anything about it. The retailer needs a letterfrom the bank and they cannot be involved more. The bank says they only dealwith retailer's bank ( not directly with retailer ). The retailer's bank rejectsthe chargeback and doesn't answer their emails. I would like to know what aremy rights in this situation? Where should I seek legal advise? Sorryfor my grammar. I'm not Irish national. By the way the online shop is based inUK.

davo10

Surely the address where the goods were to be sent would give an indication of fraudulent use, do you recognise the address, if the goods were to be dispatched to your address then it may be difficult to prove fraud as opposed to a change of mind.

Nody

Well if they got your pin then you're at fault as far as the banks are concerned basically; secondly there appear to be quite a bit of confusion here. A retailer can do a charge back (esp. if nothing has been sent) with out involving any bank or letter from any bank as this is a standard recharge.

Regarding their bank not accepting the charge back from your bank is simply because it's not a charge back because they had your pin. Charge back is for someone stealing your card but if they have all codes and your card it's considered your fault basically. To be honest the easiest route is simply to get back to the merchant, ask them to cancel the transaction and then go in and get a new card and pin as clearly your card is compromised. From a bank's perspective if they got your card and pin it's considered to be neglience on part of the customer and you're liable for the costs from it basically so I can't really see any relevant customer legislation to invoke (possible the distance selling act but it would depend on what country the selling company is located if it would be worth bothering, if they are not EU based it's barking up a tree in wane).

almav

Thanks for your answers guys. The thing is that the online shop can not identify me over a phone. That's the reason they can't give me a refund. And bank wouldn't send them a letter to confirm my identity. The shop is based in UK. Can they keep the goods and the money??? The shop manager wouldn't discuss any details with me ( as delivery address, ect ) as I don't have an order number.

almav

I know I can't prove fraud. But I'm hoping to go by 'non delivery of goods'.

Jarren

almav wrote: »

I know I can't prove fraud. But I'm hoping to go by 'non delivery of goods'.

If you think/believe that the fraud took actual place

http://www.garda.ie/Controller.aspx?Page=29

Call them and give them all the info required .

questionmark?

OP if your bank does not do a charge back and block all future transactions to that retailer the you should bring your complaint to the ombudsman.(after complaining first to the bank) The good few hundred quid that costs them might make them sit up.

wmpdd3

To complain to the ombodsman, you first need to write to the bank asking for a final resolution to you issue. You need this letter before you complain to the ombudsman. This might get their ass in to gear.