Chargebacks and their kangaroo courts

We are starting to see an increasing trend where clients are on the wrong end of “chargeback” decisions made by weak individuals who will not stand up to consumer pressure.  

To clarify, a “Chargeback” is where a consumer complaints to their bank about a debit card transaction alleging that they should be refunded as they goods purchased using that card are defective.  Such chargebacks are not prescribed in law (unlike for credit cards) and so can be more easily abused.

Especially in that banks – who provide the debit card to their customers – generally want to keep hold of them.  So when they get a complaint about a car that has been purchased on a debit card it is very easy for them to simply reverse the deal and arrange for the monies to be returned – usually via the likes of “Worldpay” or “Elavon” (amongst others) who provide the selling merchant with their card machine.  

You would expect a car dealer to be given reasonable opportunity to defend any such allegations but they are rarely given much if any notice of the money about to disappear from their account on the back of a debit card based dispute as to quality of the goods.  Even when Lawgistics provide overwhelming evidence to rebut the allegations, we find that the card providers pay little or no attention and find in favour of returning the monies back into the customer’s bank account.  

The point is they do not care about the fact that the consumer may be lying through their teeth but end up with a free car at the end of it. Now we are at the point of advising clients to actively sue the merchant provider for removing funds out of clients’ accounts when (we say) they have no legal right to do so.

Lawgistic's members can get advice and assistance about "chargebacks" from the legal team.

 

Authors: Jason Williams

Published: 21 Sep 2018

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