[Asterisk-biz] Tomtelecom

snacktime snacktime at gmail.com
Sat Nov 19 19:20:17 MST 2005


>
>
> > If the service is not easy to quantify, and you have receive part of them,
> > tough luck, your claim will be dismissed.
> >
> You have to do all or nothing, agreed, however becuase of that many
> banks (mine included in that list) will refund all if its merchant fraud
> (ie you got charged but didnt get goods).  I recently went through this
> with a merchant, my bank had no problems with the fact that some of what
> I was charged I owe, they refuned everything ...  Now, if the merchant
> doesnt have a bank account anymore (becuase you waited too long or they
> did everything to hide their impending doom) then it becomes a lot
> harder.  The reality is that the merchant does sign a contract that
> holds them liable for chargebacks even if that results in a negative
> balance.

The issuing bank is the one that initiates the chargeback process, and
since they don't stand to lose anything they are usually pretty good
about it.  Many times it's like you said, they will refund the whole
amount even if you have used part of the service.

The merchant can then dispute the chargeback, and if the merchant is
in default so can the merchant bank. But usually at that point the
merchant bank won't have any of the merchant records to use in the
dispute, so it's tough for them to do anything.  Then there is a whole
procedure you can go through to counter dispute a dispute and so
forth.  If you have any kind of evidence you didn't get what you paid
for and don't take no for an answer you will get your money 99.9% of
the time.  Assuming you have a legitimate case that is.

You can also do a chargeback up to 18 months later in some cases,
depending on the situation.  The 60 day rule isn't absolute because
some types of services are delivered over varying amounts of time. 
It's all situation dependent and in the favor of the customer.  The
main reason for this is that the merchant banks don't make nearly as
much money as the issuing banks do.  Merchant banks get to keep less
than half of the discount rate that you pay as a merchant, the rest
goes to Visa and Mastercard.  So just follow the money and you will
see who is considered more important, the merchant or the customer.

Chris



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