Hi there, I recently purchased two concert tickets totalling $600 from an online merchant. The merchant agreed to send me the tickets the following week. After I had paid online using my visa card, he told me that he did not have the tickets in hand, and that I would have to collect the tickets from a tout outside the venue on the night of the concert. (4 months from now, and in another country.) This was not the agreement we had made, and he now refuses to give me a refund. I looked up the company owner on google, and I came across a forum with complaintive posts from people that had also purchased tickets from him. The tickets never materialised, and he won't give anyone a refund. I found some news articles that say he spent 6 months behind bars for defrauding World Cup ticket purchasers from £2.5 million pounds because he did not have the tickets. His site is a scam, and he sells tickets that he does not have. He makes a living by making it very hard for people to get their money back. I live in a different country, so I have now had to cancel my trip, as the company I bought the tickets from isn't a reliable source. I have contacted my bank and they said that the charge to my card had been authorized on the Internet. The $600 had been blocked by the merchant, but the money had not yet been taken out of my account. They won't be able to get a chargeback until the merchant takes the money. I sent my bank a fax, with an explanation, and I am awaiting their reply. They said that because a signature wasn't given at the time of the transaction, I have a very good chance at getting my money back. Can someone please advise me? Thankyou in advance. Stella.

Anyone?

When did the charge take place? How long ago exactly?

I believe you have 180 days to disput the charge. File a complaint with the Credit Card company and tell them why the funds should not be paid. Indicated what you have posted here.

Your credit Card company should charge back the item as this is not a disput between merchant and buyer. Its a fraud

Hi, thanks for your replies. It is very much appreciated. I contacted my bank two days after I had paid the merchant using my card. This was just over a week ago. I received a phone call from my bank yesterday and was asked to provide proof that this guy is a fraudster. They will then forward this information onto International Visa. Unfortunately, I don't have any written proof that this man lied to me because we spoke over the phone when he agreed to ship the tickets to me in a week, and when I called him after to confirm that my credit card details went through, it was then that he told me that I would need to collect the tickets on the night of the concert from a tout. I have provided my bank with links to message boards where others have complained about the same online merchant, claiming that their tickets never materialised. (8 pages of complaints!) I also called the venue where the concert is taking place. They are the sole distributers for these tickets, and they do not supply tickets to this merchant. It's against their policies for people to buy tickets and sell them at inflated prices.

I dont know what to do because the person at the bank insisted that I find evidence that this man is a fraudster, and I thought I had provided them with enough information. I'm going to fax them in a few minutes with phone numbers for the venue, and also a government branch that deals with consumer protection. Trading Standards told me that they had received other complaints on this online merchant.

So, that's basically all for now.

Any other ideas? Thankyou!

You may also want to contact the BBB and the Federal Trade Commission. Ask the bank for the direct number of the Visa Fraud Department and start working with them directly. If the man spent time in jail then his court records would be public property and they can be requested.

The Visa Fraud Department has a lot more resources than you do. They should be able to get answers for you.

Hi, thanks for the feedback. My bank told me that International Visa are currently investigating the merchant, so it is quite possible that they might check for criminal records.

The Merchant always has the burden of proof in a Visa transaction. Your bank should give you your money back right away by initiating the chargeback. The chargeback will automatically deduct the funds from the Merchant and is followed up by a letter to the Merchant explaining why the customer initiated the chargeback. The Merchant also gets charged a penalty of about $25.00 for each chargeback. The Merchant must then provide proof that the charge is valid. In this case, the charge is not valid because you did not receive the item purchased. A Merchant can not capture funds until the item is shipped and if it is not shipped in 3 days, the Merchant pays a higher rate to Visa for the delay. Most consumers are unaware of this requirement, so the Merchant just authorizes and captures all transactions to avoid the higher rate and just ship when they want. In your case, the item is not going to be shipped at all. IF you paid for a shipping charge, it will just reinforce your claim, but really does not make a whole lot of difference.

Call your bank back and ask them when you will be receiving your credit for the chargeback for non delivery of merchandise.

Here's a link to Bank of America Merchant Services explaining the reason for each type of chargeback and the appropriate response for each. Yours should be Visa code 90-Non-receipt of merchandise-Merchant was unwilling or unable to deliver merchandise.

http://www.bankofamerica.com/merchantservices/index.cfm?template=chargebacks.cfm#Internet

Now go get your money back!! :-)

SBD

What country are you in Stella, this will make all the difference

Thankyou so much for your replies. I'm still waiting for my bank to get in touch with me. An employee at the bank that handles chargebacks explained to me that we need some kind of proof so that she can forward it to Visa International. She said she couldn't guarantee that I will get my money back unless I have written proof from the merchant. I spoke to the merchant over the phone when he told me that he would ship the tickets to me the following week. After I had made the transaction online, I called him again to ask if the money went through okay. It was then when he told me that I'll have to pick up the tickets from a tout on the night of the concert. He broke our agreement, and because this was all done over the phone, I don't have the proof that my bank requires. I live in Cyprus, and the merchant is in the UK. The only proof I could give my bank to prove that this merchant is a fraudster, was posts made by other people who bought tickets from him that never materialised, and also news articles on legitimate news sites that mention the merchant. I told the merchant that I no longer want the tickets, and he said that he could refund the amount charged to my account, but I would need to pay a service fee of 20%. In this case, it's $200. He doesn't even have the tickets so I find this ridiculous. My bank is very aware that I don't want the tickets because the merchant is not a reliable source, and since I cancelled them, I have every right to get my money back. I don't quite know the proceedures banks follow in order to get a chargeback, so I was hoping someone on this forum could shed some light.

Thanks again for your feedback.

Just a thought, but maybe the merchant is out of money and there is no money to take in the form of a chargeback. Otherwise, I agree with you all here, you should be getting your money back. It sounds like someone is dragging their feet.

It's also true that most of our participants are US-based, and your situation (located in Cyprus, with the merchant in the UK) may not be something we are equipped to opine on.

I would have to agree, I thought you were in the US, not sure about Cyprus. At any rate, even if the Merchant has no funds, the chargeback goes through and the Merchant Bank who setup the account has to fork up the money.

SBD