Chargeback problem

Jan 22, 2008 12 Replies

Hi



Does anyone know if it's possible to claim a chargeback on a Lloyds/TSB debit card transaction for about 4000 paid to a Portuguese property developer as deposit on an appartment that is not yet built? They changed some of the details of the property between agreeing the sale and the deposit being taken and we want our money back.



Any advice or pointers welcome.



Thanks



Chris


No. You need to use a credit card if you want to be able to do chargebacks.

I thought that had changed recently and that some debit cards were being treated like credit cards. Certainly I have read reports of some bank customers successfully claiming a chargeback albeit in different circumstances ie company going out of business.

In message , Chris Lapthorn writes

You did get a formal contract signed by the property developer, didn't you? You did carry out local searches on the status of the developer and the property, didn't you? If so, examine the terms of the contract again to confirm what exactly it promised. The independent legal advisor that you engaged in Portugal to negotiate the contract on your behalf, will help you with that. It is normal for contracts to include a specific provision regarding the deposit and the degree to which it might be refundable, which should answer your question directly.

If you didn't, I think you'll find that you are entirely on your own.

Thanks for that. It was my daughter and her partner who got caught up in this. The developers have now offered most of the deposit back (less about

400 legal fees) and as the payment was by a Lloyds/TSB Visa debit card they might also be able to do a chargeback if the developers had not now admitted fault in the description of the property. It looks like just a question now of whether they will accept the refund offered or go for the full amount by chargeback.

Apparently Lloyds/TSB have now switched the Visa accounts to Mastercard which gives no protection in the event of fraud etc.

Chris

May I suggest taking care before rejecting finally the offer from the property developer?

I would be very surprised if Lloyds were to agree to any chargeback for a foreign exchange transaction on their Debit Card, especially as it concerned real property situated within a foreign jurisdiction.

I`d say be VERY careful before rejecting any offer. IANAL so check with someone who is, but it may well be best to take the offered refund and then chase the difference, either through the bank or directly.

My thoughts exactly, as I said to my daughter earlier today. I also suggested getting some legal advice to be on the safe side. Great minds think alike!

Thanks for all the contributions.

Chris

It makes no difference whether it is a Visa or a Mastercard. What matters is whether you are cover under the Consumer Credit Act. You are with a credit card, but not a debit card.

Yes it does.

Visa have a contract clause which give you some similar rights to a Credit Card.

Mastercard does not

tim

They are changing their Visa CREDIT cards to Mastercard. Debit cards will still be Visa.

They like to change their cards from one thing to another regularly. I have a Visa, two Mastercards and an Amex from them at the moment.

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