[SOLVED] Seller Is Threatening after Charge Back

Ash-Say on 01/09/2017 - 10:43
Last edited 02/09/2017 - 19:32 by 2 other users

I bought an item from local merchant and it had some defects. The merchant confirmed that they will fix the issues before I pick the item(written evidence available). After I picked an item, I found that the repair was not carried out and the merchant didn't do anything to resolve matter even after chasing them for 1 month. Eventually I lodged credit card chargeback and bank has given me temporary credit.

The merchant is now threatening me and prompting to cancel chargeback. I don't understand why they only contacted me when I lodged chargeback and didn't take any action when I chased them for 1 month(over 8 calls and call record is available). We are talking about $1100 here.

I am concerned because merchant has my address and licence details and I don't want to put my family in any danger.

Please guide me what should I do in this case.

TDLR: Seller is threatening me after chargeback.

Financial

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Halo375 on 01/09/2017 - 10:45

+9

How have they threatened you and do you have any written record you could share with the police? People talk a big game but something like this escalating to violence is incredibly rare. If you feel threatened, take it to the police.
- Halo375 on 01/09/2017 - 10:47
  
  BTW - do you still have the item or have you returned it to them?
  - Ash-Say on 01/09/2017 - 10:52
    
    +4
    
    I have the item however I have told bank that I am happy to provide statuary declaration stating that I will return item once I have received refund permanently.
    
    Also I have provided independent repair quote to bank stating that I will now only get it repaired by independent repairer as seller refused to cooperate when initially requested.
npc on 01/09/2017 - 10:49

+4

Notify police and your bank? Then tell the seller that you had notified them.
[Deactivated] on 01/09/2017 - 10:51

+3

keep all chat logs and correspondence
Lexus101 on 01/09/2017 - 11:20

+4

What item did you purchase and who is the retailer?

Reputable retailers don't operate this way.
CyberMurning on 01/09/2017 - 11:20

-3

bikies
bigticket on 01/09/2017 - 11:21

+2

Exactly how were you threatened? I would like to know…
- grimace3 on 01/09/2017 - 11:35
  
  +5
  
  Seems OP isn't willing to tell anyone that…
[Deactivated] on 01/09/2017 - 11:24

+3

Why does the retailer have your licence details…???
- Ash-Say on 01/09/2017 - 11:28
  
  It was requirement of picking up item.
  - [Deactivated] on 01/09/2017 - 12:35
    
    +1
    
    Yeah… your licence should have been sighted and the licence number recorded.
    I still don't see the necessity of the vendor having retained any likeness of your licence.
godofpizza on 01/09/2017 - 12:08

is the merchant threatening you with violence = go to the police
or just insults?
- grimace3 on 01/09/2017 - 12:09
  
  +2
  
  Good luck getting the op to answer that…
- Ash-Say on 01/09/2017 - 12:11
  
  +1
  
  Insults and verbal threats
pantsparty on 01/09/2017 - 12:14

+4

Name and shame the store I say so we can all avoid them. If they are genuinely threatening you, report them to the police. Do not cancel the chargeback.
- Ash-Say on 01/09/2017 - 12:22
  
  I will if they keep on teasing me. I have told them to liaise with their bank and provide their side of evidence. I don't want to talk with them anymore.
Ash-Say on 01/09/2017 - 12:24

Thanks everyone for your time.

I have told seller to liaise with their bank and provide their side of evidence. I don't want to talk with them anymore.
- [Deactivated] on 01/09/2017 - 12:36
  
  -2
  
  I have told seller
  I don't want to talk with them anymore
  
  Errr… you just did.
  - tomsco on 01/09/2017 - 13:15
    
    Not sure if serious…
Nutrino on 01/09/2017 - 13:50

+2

You still have the good and now you have your money back?
- Ash-Say on 01/09/2017 - 14:31
  
  It is temporary credit while bank investigates. Also I stated above I am even ready to sign statuary declaration saying I will return goods once I receive funds permanently.
  
  I have no intention of keeping goods.
  - John Kimble on 01/09/2017 - 14:37
    
    +1
    
    Temporary credit won't become permanent until you officially win the charge back. But by possessing the goods, you are probably reducing your chances of winning said charge back… A bit of a catch 22.
    
    Your card issuer ultimately wants to keep you happy, so more than likely you will win eventually, you can always escalate to FOS if you do not get the desired result.
  - Kangal on 01/09/2017 - 14:39
    
    +3
    
    Sounds like a dodgy buyer.
    
    Buys goods, does a charge back, then complains.
    No details here to go off.
    Mostly a he said/she said.
    - havebeerbelywillsumo on 01/09/2017 - 14:52
      
      +1
      
      Beat me to it Kangel, just entered much the same worries
    - Ash-Say on 01/09/2017 - 14:56
      
      Seller gives written confirmation that they will fix item before delivery but they don't. I chase them for 1 month to get things correct.
      
      If I decide to do chargeback, I am being dodgy here.
      
      Salute to you sir!
    - Kangal on 01/09/2017 - 15:08
      
      @Tipu:
      
      Didn't think you would reply.
      Well… care to actual put some details here so that we can understand better.
      
      What was the product?
      Where did you get it from?
      How did you find the seller?
      Can we view an item description on eBay/gumtree/etc etc?
    - Ash-Say on 01/09/2017 - 15:30
      
      @Kangal:
      
      I purchased car from local dealer which needed some repairs and I was advised in writing that they will do it before handover.
      
      Sorry don't want to blindly name and shame dealer.
      
      My charge back is based on independent mechanic repair quote which has been submitted to bank along with written seller confirmation at the time of sale.
    - whooah1979 on 01/09/2017 - 16:04
      
      +2
      
      @Tipu:
      
      I purchased car from local dealer which needed some repairs and I was advised in writing that they will do it before handover.
      
      did you contact nsw fair trading as one is supposed to in situations like this?
    - Kangal on 01/09/2017 - 18:01
      
      +3
      
      @Tipu:
      Hmmm…. Okay, so let's set the scene.
      
      You're a white-collar worker in Sydney with a young family, who needs another car (for the wife, I'm assuming).
      You went shopping around, in true OzBargain style.
      You were interested in a specific car at a local merchant (car yard).
      You inspected the car, and noticed it had some problems (probably minor and cosmetic, as they need to abide by strict rules to sell you a car that is road worthy and not prone to any major mechanical or safety concerns).
      The salesman promised the minor issues would be fixed soon.
      You (possibly) paid a deposit for the car.
      Later you arrived to pick up the car and pay the remainder.
      The total price is $1,100 which is a small sum for an automobile.
      Upon pickup you realised the minor problems were not fixed, or only fixed partially.
      Later you called the car yard, but they didn't really care about the minor/cosmetic issues.
      You stayed quite for a while, possibly waiting.
      Within the month you probably haven't visited the car yard, but opted to call them instead.
      You called them a over 8 times, and were dissatisfied with their response.
      You initiated a chargeback.
      The car yard manager saw the process, and possible phone calls from their Bank.
      The manager called you back.
      They didn't see that you had a chargeback for a minor/cosmetic problem as fair.
      You didn't agree, and he was very grumpy with you, and possible heated words were used in the phone call.
      Now you have the $1,100 car in your possession, and a temporary credit.
      You also make vague promises of stopping the chargeback or returning the item.
      And now you've made a post on OzBargain to see what options you might have.
      
      So now that we have a little to go on, let's see what is likely and unlikely.
      I think its likely the car yard manager is a sleaze, as that's what his industry requires of him to be, as bad as it sounds.
      I think its unlikely he would fix the minor issue/s, at least not to your satisfaction.
      Its very likely he would use Strong Language, and he's probably quite fluent in it.
      Its quite unlikely that he would escalate things further, especially not his reputation, freedom and business for a paltry $1,100
      
      The best recourse is for you:
      To empty and clean the car.
      Take lots of photos. And have the condition inspected by someone like friend/co-worker/independent.
      Then take the car back to the car yard, and drop off the keys.
      Have everything documented/photographed.
      Contact your Bank, tell them that the item you purchased was not as described, and that you have a written agreement from the seller as evidence.
      The Bank will probably complete the chargeback.
      You may have to return to the car yard later to sign some paperwork, if you haven't done so, so they can get road/custody RTA off from your name and into theirs.
      Then the dust settles, you are back to square one, looking for an extra vehicle for your small family.
      I suggest someone like you, who is quite fussy and not fluent in the market, should instead buy a Brand New car which would be AT LEAST ten times as much as before. You will need a Car Loan, get this sorted out from your Bank before shopping around.
      
      Or if you really want to be cheap, at least increase your budget to $4,000 and shop via private sellers. This would increase the quality of the car exponentially and satisfy you about minor issues. However, before you buy make sure you do the proper background checks on the car, and get an inspection done BEFORE purchasing via NRMA, or at lease a local mechanic (who is reputable and isn't gaining/losing anything by giving their assessment and advice).
      
      ….that took a while to think and type :[
    - Ash-Say on 01/09/2017 - 19:00
      
      +1
      
      @Kangal: Appreciate you spend that much time but Car is actually worth $12k :)
    - Kangal on 01/09/2017 - 19:06
      
      @Tipu:
      From the OP:
      " We are talking about $1100 here. "
    - Ash-Say on 01/09/2017 - 19:41
      
      @Kangal:
      
      That's charge back amount based on independent mechanic quote.
    - Kangal on 01/09/2017 - 21:05
      
      +3
      
      @Tipu:
      
      Well, with what we know so far, you are not actually eligible to do a chargeback.
      That doesn't mean you won't get it.
      It was never designed to be used that way. And this can be classified as abusing it.
      
      Probably better to seek professional legal advice. But from what I postulate:
      You are meant to get a quote, in writing, and forward this to the car yard.
      Then wait for a response in a reasonable time.
      If unsatisfactory, then you proceed to get the vehicle fixed, so that it limits the damage it does to you.
      Once the vehicle is fixed for $1,100, you then forward the bill to the car yard.
      If they reject the bill, then you are forced to pay for the $1,100 service yourself.
      You are not allowed to force third-parties to do collection for your matters.
      Then pass on a payment owing for the expenses to the car yard, again for a reasonable time.
      If this fails also, you are then meant to take the matters to a small claims court.
      With your evidence, present your case. Probably you would win, and the car yard owner would then be forced by law to pay for the bill and possibly other expenses at what the magistrates deem acceptable (ie within a month, or a set sum each week, etc etc). And if they fail, with police assistance and a warrant you could lawfully take their possessions (eg chairs, computers, lamps) to cover the amount owing as decided by someone reputable, like an appraiser.
      
      As a help, here's what your bank says about Chargebacks:
      http://www.anz.com/australia/business/merchant/ChargebackTop…
    - Some Human on 02/09/2017 - 00:49
      
      +2
      
      @Tipu: why didn't you just tell us it was a car in the opening post?
    - Ash-Say on 02/09/2017 - 04:47
      
      -3
      
      @Super Kami Dende:
      
      Apologies
    - TheRealCher on 02/09/2017 - 17:32
      
      +1
      
      @Kangal: would you really accept a used car dealer's lamps? 🤔 I don't want to stereotype here… But…
    - Kangal on 02/09/2017 - 17:45
      
      +1
      
      @TheRealCher:
      I'm sure it would quite the conversation starter at parties : )
havebeerbelywillsumo on 01/09/2017 - 14:50

+2

Is this a strictly local merchant or has branches here and there and/or with an internet presence, if strictly local, most won't come across them anyway so no need to name, otherwise they should be named here.

If using (or intending?) the threat of naming to gain leverage advise them and inform us here that you have…otherwise IMO this is a sad tale but "shit happens", why should members care to help if you don't care to make a small effort to inform members of a possible avoid.

At the moment I have to say this thread is of little real merit……and not naming gives me faint feel of "is there two sides to this??"
- Ash-Say on 01/09/2017 - 15:11
  
  It is strictly local merchant. The only reason I am not sharing name to avoid things getting extremely escalated.
  
  I appreciate whoever has suggested police report and I will do it.
  - havebeerbelywillsumo on 01/09/2017 - 15:12
    
    Thanks for that clarification.
whooah1979 on 01/09/2017 - 14:59

I have the item however I have told bank that I am happy to provide statuary declaration stating that I will return item once I have received refund permanently

What will stop someone from keeping the item after receiving funds from a chargeback?
- Ash-Say on 01/09/2017 - 15:12
  
  -2
  
  Do you realise the repercussions of providing wrong statuary declaration?
  - John Kimble on 01/09/2017 - 15:17
    
    Google says up to 4 years in prison, but I highly doubt a judge would send you to prison if you completed a false stat dec on something like this… Unless of course they were trying to set some sort of example/precedent perhaps?
  - whooah1979 on 01/09/2017 - 16:02
    
    +5
    
    Do you realise the repercussions of providing wrong statuary declaration?
    
    using a statutory declaration as a promise to fulfil a task in the future is unusual. statutory declarations are meant or mostly used as a statement of fact or an account of an event/s. promising to return an items isn't a fact.
    
    the correct thing to use is a contract. that the way either parties can sue the other for breach of contract.
John Kimble on 01/09/2017 - 14:59

+3

I don't understand why they only contacted me when I lodged chargeback and didn't take any action when I chased them for 1 month

Because a charge back is an official process between the acquiring institution and the issuing institution that must be resolved in a set time period, so forces their hand.

Also, they can potentially incur fines or have their merchant facility cancelled if their charge back rate exceeds a certain threshold.

I am concerned because merchant has my address and licence details and I don't want to put my family in any danger.

You should probably lodge a police report if you are concerned for your/your family's safety.
- Ash-Say on 01/09/2017 - 15:13
  
  Thanks will do it.
rambao9 on 02/09/2017 - 17:38

+1

How can you return $1100 of the car after receiving your charge back?

Is that like returning the car seats or something?

Obviously you didn't look to charge back 12k…

You shouldn't have picked up the car if the issues weren't fixed in the first place.
smashed on 02/09/2017 - 19:20

You paid 12K. You raise charge back for just 1.1k and then say you will return it if you get 1.1k
You will then be worse off..
Makes zero sense.
Moderatorscrimshaw on 02/09/2017 - 19:30

Comments are now closed as the OP has indicated the matter is resolved.

[SOLVED] Seller Is Threatening after Charge Back

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