Chargeback for faulty goods

Totallycrazy

During the summer I ordered goods from a well known company. When the goods arrived they were missing parts. I contacted the company same day to let them know and hoping that they would send on missing pieces.

After numerous phone calls they didn't send parts or replacement product.

I got in contact with my bank to look for a chargeback for product.
I sent all documents to bank as requested and told about how long it would take and process.

So after months of waiting the bank approved the chargeback and refunded me the money that was paid on my card. I knew I wouldn't get cash paid towards it back so am out of pocket for cash paid.

The bank sent me letter confirming everything and to advise that I can dispose or keep faulty product and that my claim was successful for chargeback and process is complete.

Then today I get a phone call eventually from the store looking for product back or me to pay for it. I advised them that it had been disposed of as per letter from bank. They are now threatening me with solicitor. Bank saying that the company had the time as set out to resolve the matter so they don't have leg to stand on. In whole process this company didn't even engage with bank.

GerardKeating

<SNIP>
Start with the Small claims court to get back the cash you say that you are stil owed, if they engage with that in the same way as with the Bank, you mioght win by default.

You might not be able to enforce a win, but it will look good for you if they even bother to take an action against you.

Totallycrazy

GerardKeating wrote: »

Start with the Small claims court to get back the cash you say that you are stil owed, if they engage with that in the same way as with the Bank, you mioght win by default.

You might not be able to enforce a win, but it will look good for you if they even bother to take an action against you.

Thanks for replying. im going to look into going to small claims court for cash paid. don't know if I can do that after winning chargeback through bank.

its them threatening me with legal action eventhough they had couple of months and loads of chances to resolve. not once did they even reply to bank.

L1011

The chances of them even talking to a solicitor are tiny; would cost them a significant sum to be told to give up.

How much is the remaining cash amount you paid?

Totallycrazy

L1011 wrote: »

The chances of them even talking to a solicitor are tiny; would cost them a significant sum to be told to give up.

How much is the remaining cash amount you paid?

the amount on my bank card was couple thousand euro and the cash was just over 400 euro . I feel blessed to have gotten back the money from bank. was a very stressful few months.

now there stressing me with solictors , eventhough bank have assured me that once they have made there decision that the retailer has no leg to stand on. and that is why the process takes so long giving them plenty of time to make there case. not once did they engage with bank. but once decision was made to refund me they contact me looking for goods back.

L1011

I would be astounded if they go to a solicitors at all, even for a few grand - they're probably bluffing

The bank will have worked to the letter of the merchant agreement - any issues the retailer has are with their card processor now, not you

For 400, I would go Small Claims - 25 quid fee, likelyhood if they didn't contest a chargeback for thousands properly they won't defend that properly either.

Totallycrazy

L1011 wrote: »

I would be astounded if they go to a solicitors at all, even for a few grand - they're probably bluffing

The bank will have worked to the letter of the merchant agreement - any issues the retailer has are with their card processor now, not you

For 400, I would go Small Claims - 25 quid fee, likelyhood if they didn't contest a chargeback for thousands properly they won't defend that properly either.

im going to look into small claims court tomorrow to see if I can try to claim the rest back through there.
the bank said that they cant try to reclaim the money ive already been refunded or lay claim to the goods. that they had sufficient time to state there case. and could have reclaimed goods at any stage up to decision I openly contacted them numerous times and told them to collect the goods that there are no good to no one. but now that decision has been made and goods disposed they want them back and claiming I had no right to dispose of them eventhough its clearly in letter from bank.

mikeysmith

What's the name of the company

I think you can say

L1011

mikeysmith wrote: »

What's the name of the company

I think you can say

No, when a company is slinging legal threats, however likely baseless, we're not getting boards involved.

Totallycrazy

Looked into small claims today and going to pursue for remainder of money owed to me. Thanks for replies. Another message left on voicemail today threatening me with solicitor if they don't get money off me.

Former Former

Can you tell us what sort of goods you bought that cost thousands of euro but you just dumped?

While the seller seems to have been acting the d*ck first time around, I can understand why they might want their stuff back now that they're not being paid.

mikeysmith

Former Former wrote: »

Can you tell us what sort of goods you bought that cost thousands of euro but you just dumped?

While the seller seems to have been acting the d*ck first time around, I can understand why they might want their stuff back now that they're not being paid.

Sounds like the op got a good deal alright

Can the bank really determine that the buyer can simply dispose of the goods ,sounds dodgy?

Totallycrazy

G

L1011

mikeysmith wrote: »

Can the bank really determine that the buyer can simply dispose of the goods ,sounds dodgy?

The merchant agreement with the retailer is the critical factor here; we won't see it but the bank isn't going to have broken it realistically. If they have, its their problem.

Former Former

I dunno, something doesn't add up here.

Varik

Considering you've to keep unsolicited goods for 6 months or up to 30 days after notifying them, before they're yours to do with what you want. I wouldn't think that in the event of a charge back you get to do what you want.

Not the same thing at all, but that's whats expected of someone who has nothing to do with the seller and just got a box at their door.

How long after the charge back went through before you got the call from them?