Two ChargeBacks, Capital One stalling - advice needed

[gavva1]

In early February I contacted capital one, regarding faulty goods.

 

The purchase was via Paypal in July 2012, & went faulty in Late January 2013.

 

I phoned the online retailer, who accepted that the product was temperamental & prone to failure, yet didn't really want to help!!

 

I was fobbed off several times, before approaching Paypal. They stated that due to the time elapsed, (45 day policy) they couldn't help.

 

I then called Capital One, (foreign callcentre) who ASSURED me that if I sent the goods back to the merchant via tracked courier,

they would reverse the transaction "within 14 days".

 

So I booked YODEL, & sent the item back.

 

Within a couple of days, a printer I had purchased in January 2012 then developed a fault,

so I broadly followed the same process,

 

the retailer wasn't particularly helpful,

so I called Capital One and again was assured that my funds would be recovered.

 

(One point worth noting, I expressly stated to Capital One customer service that the printer was JUST out of warranty, by around 4 days.

"Not a problem, send it back & WE WILL recover your money" was the response).

 

Now, several months, many MANY phonecalls from me, many broken promises of

"someone will call you back" & 3 or 4 letters from them of "a specialised case worker will be back in touch within 35 days"

& I've had enough. I put in a high-level complaint at Capital One

 

Today, a lady who has said "we attempted chargebacks in BOTH instances, & each has been refused/countered by the retailer

- So we've been phoning them, trying to persuade them to 'play ball', but we MAY need to get a 'final response' letter out to you".

 

So after 3 1/2 months of delay, it now looks likely that Capital One are going to laugh off both these claims,

leaving me without the faulty goods, & the money I was PROMISED would be returned

- In both instances they are several hundred pounds' worth.

 

I now need to start thinking about next steps, ie the Ombudsman,

I understand I would need that final response letter first,

 

can anybody advise on the best course of action - I've never had to use the ombudsman service,

I do have notes of dates/times of phonecalls, names of who I spoke to, etc.

 

Any help or advice from anybody who has had experience of this, or knows the ropes - I feel pretty aggrieved by Capital One, & want to get it sorted finally.

[citizenB]

I am assuming you have been dealing, on the phone, with a foreign call centre ? You might want to try and obtain a UK contact. I will flag your thread for more advice.

[dx100uk]

both retailers are duty bound to rectify the faults under SOGA.

 

NOTHING at all to do with any warranty.

 

dx

[gavva1]

I am assuming you have been dealing, on the phone, with a foreign call centre ? You might want to try and obtain a UK contact.

 

I've been requesting a "UK manager" every time I call, which usually involves a 5 minute wait (on an 0844 number) Before I've got a chance of getting any Honest answers from anybody. I never get the same person twice, & people at Capital One only seem able to give out their 1st names "for security" - ??? The lady on the Complaint line was reading the notes screen out loud, so that's the nearest I've got to the truth - something about "unsure if Capital One has liability, due to the Paypal payment method" - that and her mentioning "we may need to get a 'final response' out to you" -

 

She's due to call me tomorrow, I'm going to demand either the refund made, or the letter gets written / sent. This is among the worst customer service I've experienced, & to put that into perspective - I used to work for BT

 

"both retailers are duty bound to rectify the faults under SOGA." - Am I legally entitled to a refund, whether the retailer or Capital One ends up footing the cost, on the basis that they PROMISED me a refund at the initial contact? I was verbally informed, "send the item back & WE WILL chargeback your funds" - The complaint lady mentioned they had audio of one call, but not the other - So this will be BEYOND DOUBT to them that this was said, I verified this REPEATEDLY with the callcentre, & was ASSURED this was the case.

[dx100uk]

this maybe where cap1 are erring on the side of caution.

 

under SOGA, you would not get your moneyback until the retailer had the opportunity to repair the item.

 

ok they are p'haps blanking you, by ignoring SOGA

 

but if you've never directly approached each retailer with the 'I want my item sorted under SOGA'

 

then they might think they can fob you off because you don't know your statutory rights.

 

dx

[gavva1]

I've finally got the "final response" letter from capital One, regarding the Printer.

 

The retailer is offering a Brand New replacement, but without any warranty.

 

Due to the ridiculous length of time CapitalOne have spent dealing with this issue,

I got a cheapy Epson for £30-, around 6 months ago - the only use the replacement xerox would have to me is a resale value on ebay,

which looks like it would barely reach £200.00. & who would want a printer with no warranty?

 

Now, initially Capital One ASSURED me they would get my money back.

Their DIRECT advice was to send the printer back, via a tracked courier.

They are claiming that because the retailer has offered a replacement, Section 75 rules cannot be applied.

 

I would rather get my Money back, does anybody know the chances of getting the ombudsman to find in my favour?

 

Capital One are really a shocking outfit, I've had many broken promises of deadlines & returned phonecalls.

I feel that it's now their responsibility to refund the transaction, out of their own pockets.

 

They refunded me £50.00, after I lost my temper & taught one of their "UK managers" a few new words for her vocabulary,

& they sent her home in tears.

 

It's a shame you have to shout at these morons to get any real response from them. Even one based on more lies.

 

If anybody from Capital One is reading this, I feel somebody should have the guts to apologise for the poor advice

dished out by foreign call centres who have no grasp of my language - & make it right.

 

I will be complaining at the highest level to capital one, & informing BBC watchDog.

 

I will also take it to the ombudsman,

I'm after an informed opinion from somebody who's been down this route before, as to my chances.

[citizenB]

You will need to make a formal complaint to Capital One - in writing and follow their complaints process before you can then move on to the Ombudsman.

[dx100uk]

as a side issue

 

does matter if they issue a replacement without warranty

its still covered by SOGA.

 

dx

[BazzaS]

Section 75 may not apply for a PayPal purchase.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act/

 

It would apply to a purchase direct (not through PayPal) got an item between £100 and £30,000.