The Rig

iTrader: (13)

2 things, i ordered some parts from USA, they sent wrong item.
inform them

they dont care more interested in getting the wrong item sent to me sent to the right person,at my expense.

i tell them to arrange courier as im not paying for it to be sent to new zealand.

few weeks go by,nothing.

check my bank, £100 gone out to them (take it the value of the item i dont want sat in my shed waiting to be pickedup) no signs of my item,no,they aint bothered about that bit.

i phone bank,say hey, fraudulent transaction.

they say............




since i have bought something off them and willingly gave them details they can do that. eek eek WTF WTF !!!!!

how can that be, you buy something online, 2 mths later say, a due whose leaving uses your card and debits money from it WTF

so, arguing with the usa company and gettin nowhere,bank dont want to know, great !

Klaatu

It wasn't fraudulent, but you should be able to prove the item you purchased wasn't what you received. You should have insurance cover on your credit card provided by the bank.

speedking

"It wasn't fraudulent."

A company sends you something you don't want and then charges you for it That can't be legal.

Did the OP pay by CC?

Klaatu

No. The OP stated he ordered a part(s) online (Presumably entering credit card and postal address details on the suppliers website.) and the wrong part was delivered. That's an administration error, not fraud.

Snazy

1/ definatly not fraud. not by a long shot. Mistakes happen in the biggest organisations daily
2/ have they offered to send the correct item out?
3/ what is the wrong item size/weight and how much would it be to forward it on?
4/ what exactly have they said in all this

MikeCardiff

iTrader: (2)

This is one of the problems that can happen with getting 'cheap' things from overseas.

In the UK you are covered by the DSR, which gives lots of comeback if the wrong goods are sent, you change your mind etc... If the seller doesnt comply to the DSR then there are easy routes like Small Claims to get your money back.

With purchases from overseas you arent, and sorting out these sort of problems is really down to the individual company you are dealing with.

As stated, it isnt fraud - it is a mistake by the company. Credit card companies cant just do chargebacks wherever they feel like when a customer complains. As you say, you DID order some goods from the company, they havent just got your credit card number and made spurious charges to it.

From the sellers point of view, if they pay for a courier to pick up the item and return it to them, then send out your correct item, they may well end up losing money on the deal. Any good company will do this and write off the loss for the sake of keeping the customer happy, but some won't, knowing there is very little you can do about it.

You may find your only option is to return the item at YOUR expense, then try and get a refund from them, which probably wont include your return postage costs.

This is the risk in dealing with overseas companies as if something does go wrong your cheap item may end up costing more than you could have got it in the UK for, plus you spend weeks fannying about sending things back and waiting for deliveries.

The Rig

iTrader: (13)

thing is,its still a fraudulent transaction on my card.

i ordered piston rings for my bike.
i paid for piston rings.

i receive a master cylinder i dont want/never ordered
i get charged for master cylinder i dont want or ordered.

i dont get my piston rings

hows that right/not a fraudulent transacation ?

The Rig

iTrader: (13)

my main concern is they can charge my card 6 weeks or so later as they feel fit to,hows that right ?

they could charge my card xxx amount saying, he bought from us once, he also bought this this this and charge me££££££

not good !!!

speedking

No right back at you. The OP has been charged for an item that he didn't order. That is fraud.

You order a £1 part. They send you a £20 part and deduct that from your card. You point out their administrative error and they do nothing about it. If you say that's not illegal then I have a great business plan.

The Rig

iTrader: (13)

someone on the same wavelength as me

MikeCardiff

iTrader: (2)

To be seen as fraud they would have to have DELIBERATELY sent out the wrong item, not accidentally. From the sound of it, they have mixed your order up with someone elses and sent and charged them for your goods and vice versa.

It doesnt really matter how many people post on here saying they think you are in the right, if your card company wont accept it as fraud the the only recourse you have is with the company you bought from ( and try taking a company in the USA to court from the UK ! ).

As it is, it just seems that the company are a bit of a bunch of ***** rather than acting illegally.

I can appreciate you are pi55ed off, as I would be in your position, and I agree the company are in the wrong and should put it right at their expense, but unfortunately neither you or me run the company you bought from so our opinions wont make a lot of difference.

Brendan Hughes

Quick google, got this from yahoo as nothing very clear (and you can do it yourself )

1 a: any act, expression, omission, or concealment calculated to deceive another to his or her disadvantage

specif
: a misrepresentation or concealment with reference to some fact material to a transaction that is made with knowledge of its falsity or in reckless disregard of its truth or falsity and with the intent to deceive another and that is reasonably relied on by the other who is injured thereby



As above. I don't think there is intent to deceive, therefore an admin error, not fraud. I don't think any prosecutor would touch it. Take a chill pill.

Devildog

Its not fraud, but you have breach of contract, hence your bank are wrong saying you authorised them to debit your card (although I suspect they said more than that)

Was it credit or a debit card?

vindaloo

USA invented the phrase "no win, no fee". Someone must want the business. IMO, though it may (technically) not be fraud. You are waiting for them to correct their mistake. Charge them storage for the item concerned, damages for lack of use of your bike (due to their mistake) and stress!

People like to sue in the USA. Someone will do it for you.

J.

angrynorth

Technically, they haven't done anything wrong as it is a processing error. Out of interest what does your receipt say?

By the way, it's just as dangerous running a company selling items online as it is being a customer buying them. See this great example below.

Company sent me two items but I paid for only one.

I'm not defending the company but selling online is often very safe so long as you choose a reputable retailer.

The Rig

iTrader: (13)

what people seem to be missing is the fact a company can re-use your card and charge it how they feel fit !!!!
i presumed it was a one time use deal, on the phone its used and only once,not stored and yor card number kept to re0use if they like.

they could make up som **** and bull story saying they sent me stuff when they hadnt and charge my card after i say, bought a £10 remote from them.

GazTheHat

I had the same thing happen with EDO Performance.

About a dozen emails during the deciding and shipping.

Wrong Defi gauge arrives. Never replied to a single email after that.

Interested in your money, not their mistakes.

Luan Pra bang

Does not matter if it is fraud or not your credit card company should do a charge back on your behalf as it IS an unauthorised use of your card. While not illegal it is a transaction that you did not want to make or authorise. Phone your company again and state that a period of time ago you paid for a product and now months later they have taken extra oney off your card and refuse to refund it. They have no chioce but to do a charge back but they like to avoid doing it if possible as it costs them money to do. IF they won't agree hang up and phone again.

Luminous

iTrader: (3)

If its a credit card, take it up with them again. If they still won't help you out take some free legal advice, eg citizens advice bureau with regards to seeking recourse from your credit card company.

There is also the possibility of a states side lawyer doing a no win no fee type thing, although I have no idea how to go about that.

Of course, another avenue is to talk to the company.

So there are three avenues that I see you can go down. Try them all, first one to work, job done

Brendan Hughes

Sorry, didn't realise they'd charged you twice, thought it was just for the wrong one. That's certainly a bit naughtier. Have you tried Trading Standards? Just a suggestion.

The Rig

iTrader: (13)

It was a switchcard

Sonic'

To me it looks like an error on their part, which is clearly not fraud

However for them to charge your card at some point in the future for no reason other than to obtain money from you for no goods would be fraud

If its switch I dont think you have any comeback or very little unlike a credit card, unfortunately

speedking

"However for them to charge your card at some point in the future for no reason other than to obtain money from you for no goods would be fraud"

But to send you some goods that you didn't order, then charge you for them is OK? If its a genuine error then presumably they could cancel or reverse the payment very easily, then worry about getting their goods back afterwards.

Yes it may be a mistake, but its the company that should bear the cost, not an innocent customer.

Klaatu

You need to check out the "small print" on their website for that.

vindaloo

One reason I never use Switch online if I can help it ..... At least if it's a credit card company, I have control of the money in my bank account and can choose when/how to pay.

J.

Torquemada

V.true, I've had a bad experience before where a company continued to take money although I had cancelled any request for their services. The bank told me I would have been safe getting with a credit card but for some reason the switch card was ok for a company to come back to and take more money from me and a lot harder to get it back. Turns out there is a procedure to get the money back on switch and it entailed having to fill out a form for the bank to authorise them to take the money back and reverse the transaction/s. Didn't bother in the end for various reasons, so don't know what would have happened and not sure if the same thing could be used here as you actually have received goods, if not the right ones.
Anyway, hope it goes well for ya!

Tom