Chargeback Gambling Debt Uk

If you’ve been denied a refund – whether for a holiday or at home – a little-known scheme could help you get your money back.

Since the coronavirus pandemic began we’ve seen a huge increase using our chargeback and Section 75 claims tool – up 900% in March and April, compared to March and January.

With many businesses refusing to offer refunds, in direct contradiction of the law, their customers have turned to banks and card providers.

If these three elements are present the activity is “gambling” and is illegal unless legislatively sanctioned. Illegal gambling debts, for example, cannot be legally recovered as they are not valid debts under the law. The same can be said of any debt deriving from illegal activities. Gambling devices, gambling, etc. Chargeback works in a similar way to Section 75, which is a legal protection if you buy something on a credit card making the credit provider jointly liable with the retailer if things go wrong. But while Section 75 only works for credit card purchases over £100, and other credit agreements, chargeback works on all the cards below. Online gambling chargeback - Answered by a verified Lawyer We use cookies to give you the best possible experience on our website. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them.

Time limits and conditions apply to each and every chargeback claim, however, with ordinary people unaware that these rules exist and reliant on their card provider to fight their corner.

Here, we unpick the complexities and explain what to do if you think your card provider has made a mistake.

What is chargeback?

Chargeback is a card refund initiated by your bank when you’ve reached an impasse with a business (referred to as the ‘merchant’).

It can be used for credit, debit and prepaid card payments of all sizes.

Unlike Section 75, chargeback isn’t a legal protection, although our Twitter poll suggests that only half of people are aware of this.

▶️TRUE or FALSE: Banks must legally process my chargeback request if I think the retailer has acted unfairly

— Which? Money (@WhichMoney) May 15, 2020

Chargeback can only be requested under specific circumstances known as ‘reason codes’, as determined by guidelines set by American Express, Mastercard or Visa. For example, Visa’s dispute code 13.1 relates to goods or services that were not received (the Mastercard equivalent is code 4853).

As these codes aren’t advertised to the public, you’ll need your bank to ask the right questions

Chargeback deadlines

Chargeback is subject to strict deadlines.

In most cases, such as defective goods, your bank will need to start the process within 120 days of the transaction date.

Or, the claim can be raised 120 days from the date you were due to receive the goods or services (such as a flight) – up to 540 days from the transaction days.

Around half of the Twitter users we polled were unaware of any deadlines.

▶️TRUE or FALSE: I can request chargeback at any time

— Which? Money (@WhichMoney) May 15, 2020

Deadlines also apply during the chargeback process, if your bank needs you to provide evidence.

Crucially the merchant will have an opportunity to defend the chargeback and provide its own evidence, as you can see from the infographic explaining the chargeback process below.

Chargeback refunds if a company ceases trading

If the retailer has gone bust before delivering the goods or services you paid for, the 120 day window starts from either the official insolvency date, or the date the goods were expected. Ask your bank which date applies.

If you have accepted vouchers (eg for a future flight) and the merchant subsequently ceases trading before you can use them, your chargeback claim window is:

• Visa 120 days from the original date of the service.
• Mastercard 120 days from the voucher or merchant-branded gift card’s expiration date, or if undated, then 540 calendar days from the processing date of the original transaction.

If you have an annual subscription, eg to a gym, and the merchant stops trading, you must request a chargeback within 120 days of services ceasing, up to a maximum 540 days of the original transaction.

Refunds for unused gift cards are generally 120 days from the expiration date printed on the card.

If there is no expiration date printed on the card, Visa’s deadline is 540 calendar days from the date of the original transaction, whereas Mastercard gives you 120 days from when retailer was declared insolvent.

Amex has not responded to our questions, although it does operate a chargeback scheme.

How *not* to make a chargeback claim

Don’t go straight to your bank Unless it has gone bust, you must always attempt to resolve the dispute with the seller in the first instance (unlike Section 75).

Don’t ignore requests for evidence If you miss these deadlines, the money will be returned back to the merchant. So ask your bank to make these dates clear to you at the outset.

Don’t celebrate too quickly Your bank may temporarily credit your account with the disputed funds while it investigates, but this money could be removed if your claim is unsuccessful.

Avoid recovery agents

We don’t think firms such as My Principal Chargeback, Mychargeback.com and Winchargeback.com are worth bothering with.

You could pay £750 to use these companies, even though making a chargeback claim with your bank is free. Furthermore, banks we’ve spoken to won’t deal with recovery agents.

We’ve also seen dodgy looking reviews for these agents; recycling identical language under different ‘customer’ names. Mychargeback and Winchargeback say they are not responsible for any fake reviews. My Principal Chargeback did not respond to our request for comment.

What if my dispute is unsuccessful?

If a decision doesn’t go your way, you can appeal to Mastercard or Visa for a final decision if your bank agrees there is further evidence to continue the claim.

You can also make a formal complaint if you think your bank has failed to handle your case appropriately, and escalate this to the Financial Ombudsman Service (FOS) if you’re still not happy with its response.

Published FOS complaints show that banks can make mistakes. We’ve seen cases where banks were ordered to compensate customers because they: gave the wrong information about timescales, ignored additional evidence supplied by cardholders; and failed to recognise that they can use chargeback even where a business is no longer trading.

• Find out more: how to take a complaint to the Financial Ombudsman Service

Chargeback and fraud

Although banks can use chargeback to recover money lost to card fraud, you are entitled to an immediate refund in these circumstances under the Payment Services Regulations.

That applies payments you didn’t authorise (the most you can be liable for is the first £35 of losses arising from the use of a lost or stolen card), as long as you report it promptly and (in the case of debit card fraud) haven’t been ‘grossly negligent’ with your Pin or security details.

There’s a high threshold for this negligence test and it only applies to debit card fraud, not fraudulent credit card payments or fraudulent debit card payments that take you into your overdraft.

• Find out more:How to complain about unauthorised transactions on your card

First featured in June’s Which? Money magazine

Also in this issue: we meet the fraud fighters, an explanation to insurance add-ons and our analysis of the best and worst investment platforms.

Try Which? Money for just £1, including access to all our online product and service reviews.

A reader who works in the chargeback section of a major credit card company has just about had enough with people tossing around “chargeback! chargeback!” as the solution to every customer service problem. While it is a great tool, you gotta make sure you use it right. To help you do that, here’s our credit card company insider’s guide to the top 10 reasons why your chargeback will get rejected.

10. LYING
Remember, the merchant does have a chance to rebut these things. If you tell us that you ordered widget A but received widget B but have no proof, and the merchant sends proof that you actually ordered widget B, you’ll probably be getting rebilled!

Chargeback Gambling Debt Uk Debt

9. THE CHARGE IS TOO OLD
Please, please check your statement every month. We work within very limited timeframes, and, technically, you are required to notify us of a dispute (in writing! Just calling in doesn’t obligate us to do anything), within 60 days of the statement date the charge appears on. Visa gives some extensions: non-receipt and quality. With quality, you have to show you’ve been working with the merchant consistently to resolve the problem. MasterCard pretty much only gives extensions on non-receipt.

8. NOT GETTING A SECOND OPINION LETTER FOR CHARGEBACKS OVER $100
If you’re disputing the quality of something over $100.00 or so, it pays to get a second opinion letter. Within reason, of course. If you’re disputing the quality of a repair, on the other hand, you pretty much have to have one. These need to be on a merchant’s letterhead and have actual details about your dispute. “Car still broken,” will get you started, but if the merchant sends a rebuttal it’s probably not going to fly.

7. YOU BOUGHT IT IN FRANCE
The lovely consumer protections we enjoy in the U.S. do not follow you across our borders. If you buy something overseas, the burden is on you to return the item and prove it the merchant accepted the return before we can do anything. International quality disputes? Forget it. Strangely enough, this is the one category that MasterCard is better in as it does not differentiate between domestic and foreign merchants.

6. TRYING TO CHARGEBACK A DIRTY HOTEL ROOM AFTER YOU STAYED IN IT
If you go to a hotel and the room is filthy, leave within 20 minutes and get proof of your checkout, if possible. If you stay the night, you accept the room.

5. NO PROOF YOU MADE THE RETURN BY MAIL
When you return something by mail, GET PROOF OF RETURN. This can not be emphasized enough. Tracking numbers work best, return receipts work as well. When you return something you have the same burden of proof to show the merchant gets it back as they do to show you have it in the first place.

4. FORGETTING THE DATE IT HAPPENED
When asked for dates, please provide them and be as specific as possible. It doesn’t have to be exact, but if you called around the middle of the month, April 15, 2009 is better than April 2009, especially since we’re going to have to call you to get a more specific range and do the same thing anyway. “Don’t remember” is not a valid option.

3. NOT GIVING THE MERCHANT A CHANCE TO FIX THE PROBLEM
Get in touch with them before you get in touch with us. Believe it or not, most merchants are actually on the up and up! If the merchant offers to try to fix whatever problem you have without charging more, you have to give them the chance. If you’re from New York and got your car repaired in Florida, you get back home and the repair isn’t working right, still have to give them a chance.

2. DISPUTING THINGS FOR THE WRONG REASON
It makes things more difficult and makes it more likely that you will lose. Don’t dispute things as “unauthorized” unless you never gave the merchant your credit card number. Don’t dispute things as “non-receipt” if the merchant did do something but you didn’t get the results you wanted.

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1. USING MASTERCARD
With Mastercard (MC) the burden of proof lies on you. If you buy something face-to-face, get home and realize that it’s not as described, you’re out of luck entirely as you had a chance to examine the merchandise. Also, with MC it’s entirely up to you to know the merchant’s cancellation/return policy, even if they don’t disclose it. They didn’t tell you that you couldn’t cancel after three days? Too bad. Seriously, just use a Visa. It’s easier for everyone.

Chargeback Gambling Debt Uk Definition

(Photo: frankieleon)

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Editor's Note: This article originally appeared on Consumerist.