nattie

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Sep 3, 2008
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Debit card refunds: your rights (updated)


After the collapse of Zoom airlines and wedding gift firm Wrapit, we've looked at how to claim money back from your credit card.

But many of you have asked whether you can also claim money back via your debit card if goods or services are not delivered or products are faulty.

Firstly, remind me, what protection is available if I use my credit card?

When you spend between £100 and £30,000 on your credit card you are covered under Section 75 of the Consumer Credit Act. That applies if the goods you buy are faulty or if products or services are not delivered.

You can claim the money back from your credit card company. This applies even if you pay just a deposit on your credit card, as long as total price of your purchase is between £100 and £30,000.

So do I get the same protection if I use my debit card?

There are 71.6 million debit cards in the UK: two thirds of them are Visa and a third are Maestro.

Maestro debit card

Under Maestro UK rules, UK cardholders don't have the right to a refund if a company fails to deliver the goods or services they have paid for.

In a statement, Maestro told us:

"The cardholder's bank is not obliged under both the Maestro domestic rules and UK law to refund the cost of those goods/services [which aren't delivered]."

If the company goes bust, it said:

"The situation is the same as for consumers who have made payment by cash or cheque, where they can stand in line as a creditor of that failed business."

However, there is an exception.

If you are a UK cardholder who ordered goods online from an overseas website, Maestro says you have the right to a refund if they don't arrive.

So what is an overseas website?

Maestro says it is any website whose "centre of operations" is outside the UK. Which may be the case even if a website name ends with dot uk, it says.

Update 3 September:

In earlier versions of this online story and during the Working Lunch programme on 2 and 3 September, we said that Maestro would refund purchases made online that then aren't delivered.

We said: "So if you've ordered some books, for example, and they don't arrive you can ask for the money to be credited back to your account."

However, Mastercard, which runs Maestro, has now issued a new statement (above) which changes their earlier position.

Update 4 September:

Maestro have given us further information about the rights of UK cardholders using overseas sites (added above).

Visa debit card

A Visa debit card offers significantly better protection for shoppers. Their scheme is called Visa Debit Chargeback and any bank that issues a Visa debit card has to comply with the scheme.

You can claim money back if the goods you buy are damaged, or the product or services are not delivered.

There is no limit on what you can claim. But you have to claim within 120 days of the date you expected the goods to be delivered or the firm going bust.

So this isn't as good as when I use my credit card?

You get better protection if you use your credit card.

The key difference is that when you claim on a credit card under Section 75 of the Consumer Credit Act, the credit card company is legally liable.

But the Visa Debit chargeback scheme is not legally binding, so you don't have any legal redress if you are unhappy.

I have a Visa debit card, but my bank says it hasn't heard of the Chargeback scheme. What should I do?

Unfortunately, a number of Working Lunch viewers have found this.

But a spokesperson for Visa Europe stressed that all legitimate claims that abide by the terms and conditions should be dealt with.

He told us that all banks who are members of the scheme should comply with the rules. The members include Nationwide, Barclays, Halifax, and Lloyds TSB.

So you will just have to insist, or ask to speak to someone more senior.

What if I bought goods outside of the UK, am I still protected?

Yes, in general for Visa debit. There are some small differences in the way the way the rules are applied in some countries, but in general, you should be protected.


I am paying for a guitar in instalments. I have already paid some in cash and some on my Visa debit card, but the retailer has now gone into administration. Can I claim all the instalments back?

Quite simply, yes you can, as the company has gone bust. Remember you have to get your claim in within 120 days of their collapse and back it up with proof of all your transactions.


Source:BBC..will update with link when I am able to.
 
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Tony

What Consumer Founder
Apr 7, 2008
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Visa Debit Chargeback

Hi Nattie,

This is brilliant thanks. What about charge cards i.e. American Express and Diners Club?

I haven't been able to find any specific info about "Visa Debit Chargebacks", but I am guessing that the protection is less than that offered by Section 75 of the Consumer Credit Act. The 120 time limit is for a start.

Tony
 
U

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Guest
So with the fall of XL i can go to Halifax with my Visa debit card and request my money back? That sounds a lot simpler (in theory) than going through the ATOL scheme
 

Adele

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Oct 15, 2008
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Hi i am just wondering i purchased a dvd online only they havent deliverd it nor can i get in touch with the company i have tried emails and the phone number thats been given isnt been reconised, because i purchased it through a barclays visa debit card can i claim the money back???
 

Tony

What Consumer Founder
Apr 7, 2008
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Hi Adele,

Give them a ring and ask for the disputes department and explain the situation. Ask to make a claim under the chargeback scheme if they do not immediately offer this.

Best regards,

Tony
 

hardikmaru

New Member
Oct 31, 2008
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Hi Nattie,

This is brilliant thanks. What about charge cards i.e. American Express and Diners Club?

I haven't been able to find any specific info about "Visa Debit Chargebacks", but I am guessing that the protection is less than that offered by Section 75 of the Consumer Credit Act. The 120 time limit is for a start.

Tony
Hi

Was wondering if you can help me with some urgent advice around the problem I am facing. If you are not the right contact would highly appreciate if you can forward me to the relevant group.

I applied with a FX broker a year back and started trading with them. So I used to fund my account by providing margin using my Nationwide Visa Debit card and then buy/sell FX based on the sums deposited with them. The FX broker is called IFOREX.com and they were based somewhere in Israel at that time and now they claim to be in Greece somewhere. Since I use to deposit my margin money with them using my Nationwide Visa Debit card, they had stored all my information. Since September of this year and until October they ended up taking chunks of money using my Visa Debit card to a total Sum of £ 20,000 . Since this card was linked to my current account with Nationwide where I had these funds, they managed to take money out. Only in October when I found out that they had taken money out without even me supplying the CVV code they said they had applied those towards some transactions which I fail to recognise.

My question is how can a merchant take money out from my card when I haven't supplied the CVV number to them . I did supply to them initially when setting up the card details with them, but does this mean that now they can use this card to debit money whenever they need. This is not right. Considering that these brokers are dodgy and they are not regulated and not in this country was wondering what are the options available to me now, to get this money back which they have taken incorrectly. Unfortunately, in this case I haven't bought any product from them which I can show that they haven't been delivered since they are just fx brokers..

Appreciate your advise

Thanks hardik
 

Tony

What Consumer Founder
Apr 7, 2008
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Apologies Hardik, only just spotted your question. I am pretty sure that the Visa Debit Chargeback scheme only applies to European transactions and not to a transaction in Israel - give your bank a ring if you haven't done so already.

Tony
 

masterplaster

New Member
Nov 9, 2009
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ayrshire
hi im anewbie to this site and am looking for some help with visa debit chargeback scheme.
I purchased a vehicle on my alliance & leicester visa debit card on the 2nd of october.
after getting the vehicle home i discovered it had no m.o.t. and hadnt been serviced (which was in the contract of sale).
I contacted the garage in question who responded that they had made a mistake and forgot to m.o.t. and service the car!!! after that i checked the car over and found numerous faults.
So i contacted the garage and trading standards and rejected the vehicle under the sale of goods act being not as described and not fit for purpose i am still fighting the garage for a refund to this day.
Right now to my favourite people of the month alliance & leicester!!!
After reading the visa debit chargeback info on what consumer i phoned my bank to invoke the procedure.
Firstly was told i had no protection then eventualy got someone who knew the scheme and started the process.
The funds were put back into my bank within 12 hours.
So i called the bank (recorded and transcript requested) and asked the helpfull young man if the funds were CLEAR FUNDS and IF THE FUNDS WERE MINE RE THE VISA DEBIT CHARGEBACK asked if i should let trading standards know i have my money back AND LET THE GARAGE KNOW THEY CAN COLLECT THE VEHICLE.
THE ANSWER TO ALL OF MY QUESTIONS WAS YES YES YES!
so i did that but within a few hours the funds were missing, so i called again and was told it was temporary and had to escalate my complaint which i did.
i spoke to the manager who was dealing with the case and she rejected the claim due to the fact that i drove the vehicle away from the dealership!
I am not a mechanic nor an m.o.t. tester so couldnt have foreseen the problems with the car.
Can they do that even though the contract was clearly broken and the vehicle was not as described and not fit for use any help would be apreciated
 

Tony

What Consumer Founder
Apr 7, 2008
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Driving the car away is not taking ownership and does not affect your right to reject the car. Don't give up.

Tony
 

masterplaster

New Member
Nov 9, 2009
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ayrshire
hi tony thanks for your response.
i dont intend to give up! have spoken to the case manager at alliance and leicester tonight and she said that they stand by their decision to reject on the basis i drove away the vehicle.
i did point out my statutory rights etc but they seem confident rejecting my claim.
she will be forwarding to me a written response and all telephone transcripts between myself and them for me to forward to the fos.
what do you think i can expect from the fos? andy
 

masterplaster

New Member
Nov 9, 2009
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ayrshire
Hi tony just a quick update.
have spoken to fos this morning and they said it can take up to six months to resolve this issue!
it has already been six weeks so i have commenced legal action against the garage.
clearly the visa debit chargeback scheme is there to be abused by the banks.
i will however out of principal pursue my complaint with the fos and will be closing my alliance & leicester account.
im not the first person to have this problem with my bank and probably wont be the last.
 

masterplaster

New Member
Nov 9, 2009
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ayrshire
Hi another update! alliance & leicester gave me there reason for refusal to chargeback the money over the phone as " you drove the vehicle away".
i have today received there written response and guess what.... no mention of the above statement!
there reason for refusal is
quote " the transaction in question was authorised by you by means of your debit card details being provided to the company along with your pin.
therefore we are unable to recover the payment in question as requested".
unquote.
????????????????? is it just me or does that make no sense at all?.
anyway have forwarded all documentation including transcripts of calls between myself and a&l to f.o.s.
with a response like that and an explanation like that i have every confidence in the fos ruling in my favour.
also stumbled on complaints data on the fos website which gives details of complaints and % ruled in favour of the consumer.
in the case of a&l the fos rules 70% in favour of the consumer in all banking cases to date! i have a link here but cant post it yet as im a newbie.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Yes it is shocking how often FoS rule in favour of consumes. It proves that banks are failing in terms of how they deal with complaints.
 

masterplaster

New Member
Nov 9, 2009
7
0
0
ayrshire
hi tony i do have a link here for the fos complaints data it would make interesting reading for anybody having problems with any financial institution, could you advise how i could post the link or send it to you to post?
also what do you make of alliance and leicesters reason for refusing my chargeback request?
 
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masterplaster

New Member
Nov 9, 2009
7
0
0
ayrshire
hey tony,
i now have some media interest in my case against alliance & leicester
a reporter from the observer is interested in the story so far and is now contacting a&l for there side of the story!
will keep you posted
 

masterplaster

New Member
Nov 9, 2009
7
0
0
ayrshire
That's great news getting press involvement will help
Hi tony,
my story will be published in the observer on the 6th of december!!
is there a way i could link this story for people who are having the same problems with a&l?
im sure the reporter im speaking to would love to hear there stories.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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38
Bolton
Hi,

Yes no problem, I would like to see that. Once you hit ten posts you can post links - you are nearly there...

Tony
 

zinfandel

New Member
Jan 13, 2010
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Hi I wonder if you can help me.
Purchased flight to Florida in October last year for 4 of us through flyglobespan. Paid the £430 deposit on my Bank of Scotland Visa debit card, however then paid the balance by cheque (not the smartest idea ive ever had).
I have been told by the administrators that Im unlikely to receive anything back although I have filled out the claim forms etc anyway.
I have initiated the chargeback process with my bank before Christmas, how long should it take for me to gain a refund for the £400 and am I garaunteed to get it back?
Also as with credit card payments am I entitled to a full refund because part of the payment was paid on my card, or am I just entitled to the amount that was paid.
I would really appreciate your help as this is such alot of money for us to lose and we've had to cancel our holiday of a lifetime which we booked using our wedding money!
Thanks!