Asurion to Charge My Card after 13 Months

Sammyboy on 27/06/2022 - 11:34
Last edited 27/06/2022 - 11:35

Just received an email from Asurion on Friday about a mobile I traded in was still locked and if not unlocked they would bill me after 10 days
Today I got an email from them that they would charge me the $10. So they gave me 1 business day (or 3 days inc weekend). I did unlock the device too. But knowing how bad their department it, it wouldn't have been read.

Here's the crazy part though, this was a trade in that I did 13 months ago!! Im pretty sure I used a card that I have also cancelled since then.
They charged me a few months ago for a traded in S21 ultra, never read my responses that the device had been unlocked and then got them to refund me which took a couple of months too.

Then just head from one of my friends that they got charged too by Asurion that the device was never received even though tracking showed it was received, but he was too lazy to do anything about it.

I know its only $10 this time but its the principle of the matter

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Comments

  • DemocracyManifest on 27/06/2022 - 11:45

    Make sure your card is cancelled. But this is where marketplace and ebay is no doubt better

  • jv on 27/06/2022 - 11:48
    -1

    Asurion to Charge My Card after 13 Months

    Have you reported it to the police?

    • Sammyboy on 27/06/2022 - 12:47
      +1

      I don't think police would care over $10

  • burningrage on 27/06/2022 - 11:48

    Back in Feb 2022, I ordered the S22 Ultra with trade in.

    I now only got the email to send it back literally 2 weeks ago. They did a preauth on me back then but the bank has since reversed it.

    Unfortunately, it is my working credit card but I'd like to dare them to charge me the tradein value plus $60 given their tardiness.

  • holdenmg on 27/06/2022 - 12:00
    +1

    Every one of these s̶c̶a̶m̶s̶ schemes seems to be a problem.

    Why can't they appoint someone like Auspost to receive and vet the incoming Handsets.
    To show the Handset as unlocked would take only the start-up time.

    • burningrage on 27/06/2022 - 12:14
      +1

      Exactly. That's the reason why I am not returning my phone if they are going to charge me anyway with months and months of refund.

      • burningrage on 29/06/2022 - 16:56

        So they finally charged me for my trade in value plus $60.

        Fair enough but it's 5 months overdue.

  • Duckie2hh on 27/06/2022 - 12:14
    +1

    you traded in your s21 for $10?

    • mbck on 27/06/2022 - 12:27

      Probably had a bonus trade in value

    • Sammyboy on 27/06/2022 - 12:33
      +1

      No that was an old A8. The S21 Ultra was a different trade in for a different handset.

      I have probably done 6 trade-ins in total over the years and each trade-in has had problems resulting in a dispute and refund or getting a charge back at the bank.

      If I do trade-in next year, will pretty much expect a problem from the trade-in process as well lol

  • ozstig on 23/08/2022 - 07:36

    Just received a request too. My trade in value was $465 for a s21 plus up to a s 21 Ultra. The order wouldn't finalise as it was a very popular deal last December. The only proof of the order not completing is a screenshot of the order screen with an error message.

    • Sammyboy on 23/08/2022 - 08:20

      Just reply via their webform. I think thats all there is now, rather than the email?? Threaten consumer affairs, ACCC (although not relevant) as well as legal action if they do try and debit. Also say that you will initiate a charge back with your bank immediately. If its also not too much of a hassle I would also call the bank and report your card stolen/lost. Don't just cancel the card without contacting Asurion (I think they could put a bad credit on your name)

      • ozstig on 23/08/2022 - 08:51

        Thanks. I've replied to their contact email address. Hopefully it won't escalate and can be sorted without too much fuss.

  • TheCandyMan2020 on 23/08/2022 - 09:29

    Yep I traded my S11 in December 2021 and never heard a word until this morning (23 August) when I got an email demanding the phone be returned within 7 days or I will be charged the non-return fee.

    The email doesnt even say what the non return fee is.

    Pretty poor it has taken 8 months for them to actually ask for the phone.

    • IamaCam on 23/08/2022 - 11:52

      Same here. Can they still charge us since 8 months later it would have been safe to assume that we can't wait for asurion to send a return label. And accidents could happen . Not our fault asurion didn't complete their job in a timely manner. Yet they will charge if not returned?

  • CyberMurning on 23/08/2022 - 10:12

    so if not sending, they will charge $60 plus the trade in value?
    urg, i dont even remember which phone i get, or the CC i have provided

  • Sammyboy on 23/08/2022 - 14:06

    I would suggest everyone start sending complaints to consumer affairs. Obviously for a trade in assessment period 8 or more months is beyond a reasonable time frame. It's beyond any sort of cooling off or settlement period too. I would also send a complaint to Samsung Au. At this point I think I would only do a future trade in by handing the device to a Samsung store etc

    • IamaCam on 23/08/2022 - 15:22

      Yeah I'm trying to find something I can use to say 8 months I'd beyond fair to then charge the same price

  • TheCandyMan2020 on 23/08/2022 - 20:21
    +2

    Section 9 of the agreement you entered with ASURION says:

    1. LIABILITY
      We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of Our obligations under these Terms and Conditions that is caused by events outside Our reasonable control or due to Our compliance with any applicable laws or regulations.

    The "We" and "Our" above is Asurion

    I would argue that their failure to perform sending the postage paid information is a breach of the agreement and that it was under their reasonable control. Therefore you are no longer bound by the agreement and it is their loss.

    https://samsung-australia.tradeup.asurion.com/documents/Sams…

    Note also this agreement is dated June 2022 so its not the one I entered in December 2021. That agreement is no longer on the Asurion web site and has been replaced by this.

    I suspect someone did an audit for the financial year ended 30 June 2022 and found that Asurion had 5000 or so less second-hand phones in stock then they should - hence the sudden rush of emails out to customers they should have contacted as far back as December 2021 if not earlier….

    • turk182 on 24/08/2022 - 20:26

      Well said. I sent an email along similar lines

      • CyberMurning on 24/08/2022 - 20:30

        Agree. And maybe add a line says we will be contacting ACCC for this matter.

      • turk182 on 24/08/2022 - 20:41

        Also sent a complaint to samsung directly

        • turk182 on 25/08/2022 - 11:00

          Thank you for contacting Samsung Electronics Australia.

          We appreciate you reaching Technical Support. I feel sorry to hear that you just receive the return parcel 8 months after you traded the device. Rest assured, your feedback/complaint will be forwarded to our Asurion team.

          Let's keep this conversation open, so you may respond anytime at your most convenient if you need further assistance or have other concerns.

      • TheCandyMan2020 on 24/08/2022 - 22:26

        I would be interested to see their response.

        I have asked for a copy of the agreement I digitally signed when accepting the trade - they still havent replied.

        • CyberMurning on 24/08/2022 - 22:40

          Good. Add that request as well.
          I will tell them the above, and ask for original agreement plus adding that at the same time iam sending this to accc and samsung.

      • OZBsince2018 on 26/08/2022 - 11:34

        which email address did you send the email to? As the email address from which the email came is a noreply email address.

        • CyberMurning on 26/08/2022 - 11:58
          +1

          read through the email till bottom

      • turk182 on 28/08/2022 - 21:21

        Got a reply today via email "Your complaint has been referred to a Case Manager who will make contact with you within the next 5 business days"

        • TheCandyMan2020 on 30/08/2022 - 15:17
          +3

          I finally got a link to the terms and conditions I agreed to on 21 December 2021.

          Apparently there is no admin fee for trades initiated before 22 February 2022.

          https://images.samsung.com/is/content/samsung/assets/au/terms/trade-up/samsung-in-store-trade-up-terms.pdf?$ORIGIN_PDF$

          I have told Asurion that I believe they have breached the agreement by taking more than 8 months to request the phone back. They already acknowledged it was their error that caused the delay. I have told them section 8 of the agreement means the liability is theirs as the delay was under their reasonable control.

          In the end it's $50 trade-in value we are talking. Not sheep stations but for me it's now the principal of the matter that counts.

          • CyberMurning on 30/08/2022 - 15:30

            @TheCandyMan2020: hmm mine is for note 10 plus so it is big, around $200

          • turk182 on 30/08/2022 - 16:08

            @TheCandyMan2020: Thanks for the update. My trade in value was $470 (s21)

            • TheCandyMan2020 on 30/08/2022 - 18:21
              +1

              @turk182: I suspect the trade value is going to make a difference in the way they handle it. In my case I just got an email saying that I no longer have to return the phone.

              Credit to them they were very quick to reply to my message of today.

              A $50 phone probably costs them $10 in postage and makes maybe $50 profit after handling. Margin probably higher on later model phones.

        • willdk on 05/09/2022 - 14:09

          @TheCandyMan2020 thanks for this, but fyi these terms you linked are for "in store".

          • TheCandyMan2020 on 07/09/2022 - 14:23

            @willdk: Yeah I see your point. These are the T&C they sent me when I asked them for a copy of the T&C they were relying on to charge me.

            In the end it seems they are waiving the need to return a lot of phones if you arc up about it - the lower the trade value the better chance you have of keeping your phone if you haven't "lost" it like so many seem to have….

  • Shad on 25/08/2022 - 22:13

    Same case - purchased in Dec 2021, received 2 mails today for 2 trade up I did back then, I closed the card as well, they won't be able to charge me. What would happen if they won't be able to charge and I just ignore their mails.

    • OZBsince2018 on 26/08/2022 - 11:41

      I think they could put a bad credit on your name.

      • Shad on 26/08/2022 - 14:56

        Just to run a credit check all providers(banks, utilities) seek our concent, how can they do this with out our consent. Need to check if this is mentioned in 5he agreement they have us clicked

        • OZBsince2018 on 26/08/2022 - 15:52

          IMHO, if you default on a payment, your credit history automatically gets affected.

          • TheCandyMan2020 on 30/08/2022 - 18:13

            @OZBsince2018: In the unlikely event they try to record it as a mark against your credit history, you can appeal it on the basis they breached their agreement. I think you'd stand a fair chance of winning…

            • Shad on 02/09/2022 - 22:01
              +1

              @TheCandyMan2020: Here is my update to 1 of 2 trade-in:

              I said I lost my trade in device as they were to late to pursue return and told them that I am happy to be charged the trade in value but via a new card as the card I signed is now closed.

              I got below reply
              "
              Thank you for your email.

              Based on the circumstances, we confirm that you will not be charged the Device Non-Return Fee as a gesture of goodwill. Please disregard previous email. We will remove this specific Samsung Trade-Up order from our Device Non-Return fee charge list.
              "

              The trade in value was $5

              • turk182 on 03/09/2022 - 10:27

                @Shad: Thanks for the update. I was told i would receive a followup within 5 business days but never happened . I did notice on the reminder tradeup email the value dropped by $60

            • Shad on 02/09/2022 - 22:03
              +1

              @TheCandyMan2020: No reply yet for 2nd ftrade up Id with trade in value of $120

  • willdk on 04/09/2022 - 18:56

    Had the same message. Replied intially informing them the phone is lost. They replied saying they are going to charge the non return fee. I've replied. Text here if it's helpful for anyone in a similar situation.

    Hi Asurion / Samsung,

    I've checked for the terms online but can only find terms published in June 2022, whereas my purchase was December 2021. Acknowledging my terms would be different, I can see your current terms actually say a few things, such as:

    5.6 Within seven days after the date on which You receive Your New Samsung Device, You must
    return Your Existing Device to Us in accordance with the return instructions set out in clause 8.2
    of these Terms and Conditions.

    However, section 8.2 says that Asurion needs to provide a return label, which ipso facto must be within that 7 day period of me receiving the new device. Seeing as you didn't do this and so didn't adhere to your own terms, I don't think it's reasonable that you now try to hold me to them in the same instance without acknowledging your failure. Can you please confirm you acknowledge that you have breached your terms by not providing a return label within 7 days?

    1. LIABILITY
      We will not be liable or responsible for any failure to perform, or any delay in the performance of, any of
      Our obligations under these Terms and Conditions that is caused by events outside Our reasonable
      control or due to Our compliance with any applicable laws or regulations.

    Noted this passage says you're not liable for failure to perform, however that is only in events outside your reasonable control. Forgetting to send customers a return details is not outside your reasonable control. That's just a failure of your processes.

    1. LOST OR STOLEN DEVICES:
      10.2 If Your Existing Device has been reported as lost or stolen, We may request that You provide Us
      with any additional documents or information including proof of ownership. In the event that
      there is insufficient proof of ownership, We will deal with Your Existing Device in accordance
      with the relevant law which may include providing Your Existing Device to the relevant
      authorities.

    I'm pretty annoyed that you've said you're going to charge me a fee non return fee, even though I've explained to you that the device is lost. According to your own terms if you wish to pursue the matter your process should be initially to seek further details, not make the coercive leap straight to charging the customer.

    I'd be happy to help you resolve the situation, however if you continue to breach your own terms and use coercive tactics, I'm happy to raise this issue with to the Telecommunications Industry Ombudsman, the ACCC, and will make my bank aware of your dubious intents.

    Can I also now please raise a complaint with your own internal processes given the manner with which you've handled this matter from point of my purchase to today? Please acknowledge when you have raised this. Thanks.

    • Sammyboy on 04/09/2022 - 20:48

      Tracking showed you it was lost? Or it was not sent because you didn't get the return label? Lol Somehow doubt they will reply. I don't think anyone has got a response back so far. Probably best to cancel the card reported as lost/stolen.

      • willdk on 05/09/2022 - 14:00

        @Sammyboy for clarity, when I said "lost" I meant that between the time of purchase and the time 9 months later in August when Asurion first chased me, I had lost the device that was meant to be traded in.

        • Sammyboy on 05/09/2022 - 14:58

          Oh your situation could be potentially different due to the fact that you lost the phone, not the postal service or Asurion….

    • turk182 on 04/09/2022 - 20:53

      Thanks for the update. This is my msg to them after they said in 5 business days i will get an update.

      Hi,

      5 business days has been and gone.

      As per section 8 of the agreement

      Your failure to perform sending the postage paid information is a breach of the agreement and it was under your reasonable control. Therefore, I am no longer bound by the agreement and it is your loss.

      Also what is this? 

      This is a reminder to please return your original device to us using the provided eParcel Label, to avoid being charged a Device Non-Return Fee.

      This is not in the agreement dated December 2021

    • willdk on 05/09/2022 - 13:57
      +1

      Have received response just now (circa 24hrs since my earlier email to them) - Asurion dropping the matter. See response here in case it's helpful.

      Hi <>,
      Thank you for your email.
      Based on the circumstances, we confirm that you will not be charged the Device Non-Return Fee as a gesture of goodwill. Please disregard previous email. We will remove this specific Samsung Trade-Up order from our Device Non-Return charge list.
      Regards,
      Samsung Trade Up Team

      • ribenaboy on 06/09/2022 - 13:49
        +1

        can you share what is your trade-in value?

        • willdk on 08/09/2022 - 10:30

          My device was an S8 with trade in value $5. They were going to be charge me $65 (trade in plus $60 nom return fee).

    • ribenaboy on 06/09/2022 - 13:41

      thanks for this email, I will be sending this to Asurion.

  • Jessie Ryder on 07/09/2022 - 08:01

    I can only imagine the issues they will have if they force this issue and then charge anyway.

    I will also be raising with Samsung and the ACCC if they do decide to charge.
    My trade-in value to Asurion was only $5 but its the principle.

  • CyberMurning on 07/09/2022 - 14:29

    well they called my bluff and charge me $140 on my cc just now
    i dont know the breakdown forget which one but should be galaxy note 10+, but i dont remember how much is the value

  • Backy on 07/09/2022 - 16:28

    I am in the same situation and I returned my Trade-in device last week.

    I didn’t see this post until I receive an email from Asurion today “…inspecting your original device, our team has determined its physical condition doesn’t match the details entered when you completed your Trade-Up. As stated in the agreed Samsung Trade-Up terms and conditions, we will be charging your nominated credit card $60”

    My trade-in device was working and in very good condition matching exactly the trade-up terms. The trade-in value was $5.

    I think Asurion is trying to get as much money as possible from this Samsung trade-up deal.

    I wish I see this post before I return the device.

    • CyberMurning on 07/09/2022 - 18:39
      +1

      lol they are really terrible now people can see - for just $5 they still want to make a fuss out of it… doesnt what condition it should worth more than $5

  • Jessie Ryder on 07/09/2022 - 22:25
    +1

    Complain to Samsung, that what I'm doing.

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