Bought an MS laptop which i returned, with proof Via UPS. got a chargeback but MS reversed it - help

[Student43]

Would a couple of weeks be okay or sooner, and will do. and they don't but Im starting to learn that they are ruthless shady businesses. ;/

[BankFodder]

If you don't understand what ASAP means – then I suggest that you look it up

[dx100uk]

21 hours ago, Student43 said:

It was returned a bit after but the support said this was fine as I was waiting for a response / label,

but you initiated your right to return under the rules within 14 days....

[Student43]

Yes well within those 14 days like 2 days from when received/

[dx100uk]

then you have no issue that way. you are entitled to return it as it was an online order.

 

[FTMDave]

I've had a look at Barclays complaints page where they try to fob you off with phone calls (which no-one has any record of unless you record them) and the useless chat function.

 

https://www.barclays.co.uk/complaints/

 

There is however a snail mail freepost option, and I would suggest that so you have a proper written record of your complaint.

 

 

 

[Manxman in exile]

On 24/12/2022 at 16:31, BankFodder said:

First of all, you should challenge your bank.

You should begin a formal complaint with them on the basis that they have not followed your instructions and that they have taken it upon themselves to get involved in a contractual dispute between you and the retailer of the laptop...
 

 

On 24/12/2022 at 18:25, BankFodder said:

Yes, you should clear the £1400 as soon as possible. Make it clear to Barclays that it is under protest and as far as you are concerned they have violated their contractual relationship with you by accepting instructions from an unconnected third party...

 

What exactly have Barclays done wrong here to justify a complaint?

 

Isn't it clear from the OP that he attempted a chargeback (or similar) which the trader (MS) has challenged and the bank has reversed the chargeback?  

 

The chargeback process is an extra-statutory one and relies on the T&Cs agreed between the card providers.  Cardholders can benefit from it but they have no rights over how it is implemented, apart from the chargeback T&Cs.  AIUI one of those T&Cs is that a chargeback will be reversed if the trader challenges it, and, in addition, the cardholder has only one bite at the chargeback cherry - they can't have another go.  The rules on chargebacks are written by the card providers and they stick to them.

 

I don't see what the OP can complain to their bank about.

 

Surely all the OP needs to focus on -and to tell MS - is that they are enforcing their statutory consumer right to a refund under s34(5)(a) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)

 

I don't understand what other legal right to a refund the OP would have, so shouldn't he quote that to MS as part of his claim for the refund?  Or is he claiming a refund on some other basis not explained?

 

[NB - The above is based on the following assumptions:

1.  The OP didn't raise a s75 claim against Barclays.  I assume that if they had done they would have said so.

2.  That the OP cancelled the order under the regulations linked to above, and clearly told MS within 14 days of his receipt of the laptop that he was exercising his right to cancel on that basis.  I suspect many people fail to do this but it is a requirement of enforcing your right to cancel

3.  The OP has proof that they actually sent the laptop back to MS]