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CC chargeback when a merchant is under bankruptcy

comeback 9,105 643 July 3, 2016 at 07:04 PM
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I bought something from sports authority and those idiots sent me someone else's order and now refusing to take it back saying I can't return anything since they are under bankruptcy liquidation. I told them that technically it is not a return and that you idiots have not even fulfilled my order to begin with. They wont listen, finally filed a dispute. the thing it that I bought that using a lousy CC (TD, to meet the bonus spending requirements on that card). No clue whats going to happen now..

Anyone has any experience with a situation like this?

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#2
No experience with this exact situation, but if your chargeback with the CC company does not work, file a complaint with the CFPB. Be mindful of how long you wait though, there is a small window to dispute this sort of stuff before you have no recourse.
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#3
CC should be easy as they did not ship right order if you have paperwork showing item they say they shipped and the packing list sending to CC company should make it a no brainer.
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#4
Quote from theone007 View Post :
No experience with this exact situation, but if your chargeback with the CC company does not work, file a complaint with the CFPB. Be mindful of how long you wait though, there is a small window to dispute this sort of stuff before you have no recourse.
Quote from komondor View Post :
CC should be easy as they did not ship right order if you have paperwork showing item they say they shipped and the packing list sending to CC company should make it a no brainer.
Thanks. They never included a packing slip but I have an email from them saying that even if they shipped incorrect items they won't accept the return. I filed the dispute right away after I got the email.
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#5
You will be reimbursed, either directly from the company's merchant account or from your CC company's purchase protection fund if there was some reason they couldn't get it back from the seller.

You have nothing to worry about!
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#6
Quote from jagojago View Post :
You will be reimbursed, either directly from the company's merchant account or from your CC company's purchase protection fund if there was some reason they couldn't get it back from the seller.

You have nothing to worry about!
thanks. I used TD bank CC, these guys are so lousy with doing disputes, everything happens via mail. The first letter they sent me yesterday says I need to provide the proof of return and I had clearly told these guys that the merchant is refusing to take it back. Called them and they seem to be clueless, they just say thats what the sytem asks for, it is like talking to a bunch of monkeys.

I guess I better file a CFPB complaint against TD as well? May be that will get someone's attention there to figure out how to do it. This bank is really lousy, doesn't even show any pending charges, etc.
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#7
I would first ask for a supervisor on the phone, especially if you are getting a clueless agent on the line. The supervisor should have the knowledge to get the process started. With my experience with a different CC company, they immediately issue you a conditional credit. Once the investigation is complete and they agree with you, the credit becomes final.
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#8
File a written chargeback complain, and mail it to the address listed on the bill for billing problems. Don't mail the complaint anywhere else, and don't rely on just an online complaint form. Refer to the issue as a "billing error". Your only obligation is to make a reasonable effort to return the merchandise, but you're not obligated to succeed in this. The credit card issuer is obligated to fix your bill, regardless of whether or not it can collect. If the card issuer doesn't cooperate, contact the Federal Trade Commission , Consumer Financial Protection Bureau, and the parent credit card company, like Mastercard or Visa. Card companies have their own rules that go beyond the federal Fair Credit Billing Act, such as not setting geographic or dollar limits and greatly extending the usual 60-day time limit for billing error and 60-day stop payment complaints. Good-faith stop payments don't have time limits but merely require that you complain to the merchant or card issuer (by any means) before paying. Mastercard isn't nearly as good at enforcing its own rules upon member banks as Visa is on theirs.
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Last edited by larrymoencurly July 11, 2016 at 01:08 PM

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#9
Quote from jagojago View Post :
I would first ask for a supervisor on the phone, especially if you are getting a clueless agent on the line. The supervisor should have the knowledge to get the process started. With my experience with a different CC company, they immediately issue you a conditional credit. Once the investigation is complete and they agree with you, the credit becomes final.
Quote from larrymoencurly View Post :
File a written chargeback complain, and mail it to the address listed on the bill for billing problems. Don't mail the complaint anywhere else, and don't rely on just an online complaint form. Refer to the issue as a "billing error". Your only obligation is to make a reasonable effort to return the merchandise, but you're not obligated to succeed in this. The credit card issuer is obligated to fix your bill, regardless of whether or not it can collect. If the card issuer doesn't cooperate, contact the Federal Trade Commission , Consumer Financial Protection Bureau, and the parent credit card company, like Mastercard or Visa. Card companies have their own rules that go beyond the federal Fair Credit Billing Act, such as not setting geographic or dollar limits and greatly extending the usual 60-day time limit for billing error and 60-day stop payment complaints. Good-faith stop payments don't have time limits but merely require that you complain to the merchant or card issuer (by any means) before paying. Mastercard isn't nearly as good at enforcing its own rules upon member banks as Visa is on theirs.
Thanks. I asked for a supervisor last time but he was also pleading.. this is how our system is and it asks for proof of return automatically and all that bs.
So I typed in my complaint making it clear that this is not a case of me wanting to do a return but my order never being fulfilled in first place and faxed it to them.

I think I also need to send it via registered mail.
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#10
Quote from comeback View Post :
Thanks. I asked for a supervisor last time but he was also pleading.. this is how our system is and it asks for proof of return automatically and all that bs.
So I typed in my complaint making it clear that this is not a case of me wanting to do a return but my order never being fulfilled in first place and faxed it to them.

I think I also need to send it via registered mail.
ok, got a decent agent this time, he is sending me a letter confirmming the receipt of the faxed complaint and documentation and he also confirmed that these idiots changed the category to "items not received" from whatever return related category they had earlier.

Sometime I think more than half of these people in cs are brain dead, that last woman I talked to, it was like talking to a wall
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#11
Quote from comeback View Post :
ok, got a decent agent this time, he is sending me a letter confirmming the receipt of the faxed complaint and documentation and he also confirmed that these idiots changed the category to "items not received" from whatever return related category they had earlier.

Sometime I think more than half of these people in cs are brain dead, that last woman I talked to, it was like talking to a wall
They sound like Citi. Their dispute system online kicks you out over and over, so I ended up calling to file it. A week later Citi closed it because they said I failed to provide documents proving that services were "improperly performed. I called and said it was "not rendered" so they re-opened the dispute (and eventually found in my favor).
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#12
Quote from comeback View Post :
I asked for a supervisor last time but he was also pleading.. this is how our system is and it asks for proof of return automatically and all that bs.
So I typed in my complaint making it clear that this is not a case of me wanting to do a return but my order never being fulfilled in first place and faxed it to them.

I think I also need to send it via registered mail.
Certified is cheaper, but I'd send by both regular and certified because companies are terrible about losing certified or registered mail. Just filling out an online form won't protect all your legal rights.

Maybe you need to speak with the vice-president in charge of chargebacks. Really -- some banks have such a position (and everybody is a VP or higher at banks), and when I spoke to such a person at FirstUSA, she agreed with me and contradicted what the other employees had told me because she understood the Fair Credit Billing Act of 1974 and they did not. BTW you don't have to prove anything because it's the card issuer's responsibility to disprove your claim or else fix the bill, and they have 30 days to acknowledge receipt of your written, mailed billing error complaint and something like another 60 days to either fix your bill or explain why they think it's correct. If they fail to do either, they can't collect the first $50 of the amount in question. It's common for customer service representatives to tell you lots of things that are outright false (a few even said their cardholder agreement superseded federal law), and they can't reject your complaint if you don't provide the proof they demand. Some not only want receipts and records of communications but even a sworn affidavit -- it's all to intimidate customers.
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Last edited by larrymoencurly July 12, 2016 at 08:31 AM
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