Capital One denying chargeback

[UKDomains]

My wife is attempting to do a chargeback on a purchase that was fraudulent.

She bought cricket tickets for her Dad, who lives in South Africa for his birthday.

Date of transaction was 17th June 2019.

Date of cricket match was 4th of February. 
 

After chasing the company for many months, the e-tickets were emailed to us, which we forwarded on to her Dad.

He printed the tickets and arrived at the cricket match to be told the tickets were fake.

 

All of a sudden numerous reviews started popping up on the internet from other people saying they had been given fake tickets.

Company has now disappeared.

 

My wife reported the chargeback request on day 118, they got back to her on day 119 with a web form, which was emailed on the same day back to Capital One.

What do we do now as this is their response:

 

Thank you for your letter in regards to the transaction to INSTATICKET SA (the 'Merchant') for £244.87.

 

We are sorry to hear about the problems you have encountered with the Merchant. We have considered two ways in which we may have been able to help you recover the sums paid by you to the Merchant:

 

1. Chargeback; and

2. A claim under Section 75 of the Consumer Credit Act 1974 ('the Act').

 

1.Chargeback

 

We have certain rights to claim a refund of a disputed transaction from a merchant's bank on a customer's behalf; this is known as a chargeback. However, there are certain restrictions and timeframe limitations set out by Mastercard as to whether we can claim a refund. Unfortunately, we are unable to pursue a chargeback on your behalf on this occasion because more than 120 days have elapsed since the date of the event for which the tickets were purchased.

 

We have also considered whether you may have a claim under Section 75 of the Consumer Credit Act 1974 (the 'Act').

2. Section 75 of the Act ('Section 75') Section 75 can offer protection to consumers who use a credit card to purchase goods or services in part or full.

 

However, in order for a claim to be considered, the following conditions must all be satisfied.

1. The claim must be made within the time limits set out in the Limitation Act 1980 – these time limits are different to those that apply to chargebacks and is usually 6 years;

 

2. Section 75 must be 'engaged' – This means that the relevant transaction must satisfy the criteria set out in the Act,

including:

- There must be a direct 3-way agreement between the debtor (you), the creditor (Capital One) and the supplier who provided the goods or services that are being complained about; and - The price of the goods or services purchased must be at least £100 but not exceed £30,000; and

 

3. There must be a proven claim against the supplier

– This means that there must be a proven claim for misrepresentation or breach of contract against the supplier.

A customer will not be entitled to a refund under Section 75 of the Act unless all of the above conditions are satisfied.

 

Summary of investigation - The transaction was for 4 tickets to an event at a total cost of £244.87, making each ticket's cost under £100.

 

It is therefore considered that you do not have a claim under Section 75 of the Act and, as such, Capital One is not jointly liable for any misrepresentation or breach of contract by the Merchant. This is because the value of the goods or services is not within the monetary requirements set by the Act.

 

Unfortunately, we cannot assist you with your claim on this occasion as we are unable to recover the disputed amount via chargeback or consider a claim under Section 75 of the Act. I'm sorry this may not be the response you were hoping for.

 

If you have any further questions relating to your dispute, please give us a call on 0333 000 0205 Mon-Fri 9am-5pm.

 

Kind regards,

 

Darren Carlile

Head of Customer Operations

 

[BankFodder]

It sounds extraordinary – and I wonder if there is really any basis for this.

I can imagine that the entire payment went through as a single transaction with a single transaction number.

I would suggest sending an SAR to get all of this information and at the same time – but in a completely different letter in a different envelope tell them that you are making a formal complaint and that you want it escalated to the FOS.

Send the SAR straightaway. Contact them and begin the formal complaint immediately. Read our customer services guide if you do anything on the telephone. But also in terms of making sure that they have your complaint down the way that you want it, make sure you get the person on the phone to repeat exactly what they are writing down. Don't stand for any deviation

[UKDomains]

Hi Bankfodder,

 

Yes, correct. Purchase went through as one payment, one order number with tickets x 4 in order, subtotal and payment amount all in one order.

 

I had been nagging my wife for months to sort it out, eventually she raised a dispute through their secure msg system. please verify my dates are correct:

 

Date of match: 4th Feb 2020

Date chargeback request done through secure message on capital one: 1st June 2020

This equals 118 days?

 

2nd June advised to complete form and email back - Day 119.

Form completed and sent back with copies of numerous emails sent to company on 2nd June.

 

I'm going to do an online complaint now.

 

In their email they state:

 

Unfortunately, we are unable to pursue a chargeback on your behalf on this occasion because more than 120 days have elapsed since the date of the event for which the tickets were purchased.

 

Does this mean THEY cant do it because it has taken them 8 days to look at it, pushing it over 120 days? Or are they implying we took longer than 120 days to report it, which we didn't. I consider the secure message on day 118 as my wife notifying them.

[dx100uk]

the 120 days under chargeback runs from why YOU realise it is appropriate to your situation. not 120 from the transaction date!!

 

the correct total time from date of transaction is 540 days ....so Cap1 are wRONG.

 

 

[UKDomains]

dx, correct! I know it was tight leaving it to day 118, but that's the wife not wanting to talk to strangers on the phone

[Andyorch]

Re section 75 ....if you bought four items that together cost more than £100, but each cost less than £100, Section 75 would not apply and the card company wouldn't usually be liable....stick to the chargeback.

 

 

3)Subsection (1) does not apply to a claim—

(a)under a non-commercial agreement, F1. . .

(b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding [F2£100] or more than [F3£30,000] [F4, or]

 

http://www.legislation.gov.uk/ukpga/1974/39/section/75

[UKDomains]

Andy, correct. I only found that out later.

[dx100uk]

28 minutes ago, UKDomains said:

Does this mean THEY cant do it because it has taken them 8 days to look at it, pushing it over 120 days? Or are they implying we took longer than 120 days to report it, which we didn't. I consider the secure message on day 118 as my wife notifying them.

 

120 days is not from transaction date.

its from when she realised chargeback was applicable to the transaction...think of it like a PPI reclaim..she did not realise she could use chargeback..

 

she has 540 days to raise the complaint from the transaction date  cap1 are WRONG.. nothing new there.

[UKDomains]

Online complaint done. Auto-acknowledged by them. Doing SAR now.

 

Thanks for comments, I will update once we hear back from them.

[Andyorch]

Quote

How long do I have to make a chargeback claim?

You should make a claim as soon as you identify the problem or are concerned about a transaction, as your card issuer usually needs to start the chargeback process within 120 days from when you made the transaction or when you were due to receive the goods or services.

 

In your case  .. 4th of February. 

 

https://www.ukfinance.org.uk/area-of-expertise/cards/chargeback-and-section-75