GTM MHI Kit Group Buy Participants...

BGTV8 · 05-15-2014, 06:43 PM

Folks, the reason you are being told to claim back thru your bank (for those who paid via credit card) is that it will be the bank who makes the refund and not GTM.

There are 3 parties involved: the bank, the credit card scheme (VISA or Mastercard) and the merchant (GTM).

In the event that the bank debits your card account to settle a purchase with a merchant, this creates a contract to timely supply of goods. If you do not receive the goods in a timely manner, then you can go back to your bank and dispute the purchase on the basis that the bank will credit those disputed amount back to your credit card account and the bank chases the merchant.

What you are NOT being told is that a disputed transaction for a failure to deliver charge-back MUST occur within 90 days of the transaction appearing on your credit card statement, failing which the card-holder has no recourse. When talking to your bank, I reckon you should also state that the bank has been a party to a fraud in order to get some leverage over the fact that more than 90-days will have passed for most seeking a refund.

I have watched this and other threads on the subject for many months, and the only step now is to approach the police alleging fraud (all of the conditions for a criminal fraud case are present in my view). I am Australian and not a US citizen, so I am not familiar with State -vs- Federal jurisdictions, but it is clear that a corporation has offered goods for sale and has not ever been in a position to deliver those goods, which in my framework is misleading and deceptive conduct and also fraudulent behaviour.

Time to stop talking/posting, and brief a lawyer if you do not get immediate satisfaction from you bank. Either that, or accept that your money has gone and/or that you will receive the goods at some future (unspecified) time.

Mike · 05-19-2014, 05:36 PM

Quote:

Originally Posted by BGTV8

Folks, the reason you are being told to claim back thru your bank (for those who paid via credit card) is that it will be the bank who makes the refund and not GTM.

There are 3 parties involved: the bank, the credit card scheme (VISA or Mastercard) and the merchant (GTM).

In the event that the bank debits your card account to settle a purchase with a merchant, this creates a contract to timely supply of goods. If you do not receive the goods in a timely manner, then you can go back to your bank and dispute the purchase on the basis that the bank will credit those disputed amount back to your credit card account and the bank chases the merchant.

What you are NOT being told is that a disputed transaction for a failure to deliver charge-back MUST occur within 90 days of the transaction appearing on your credit card statement, failing which the card-holder has no recourse. When talking to your bank, I reckon you should also state that the bank has been a party to a fraud in order to get some leverage over the fact that more than 90-days will have passed for most seeking a refund.

I have watched this and other threads on the subject for many months, and the only step now is to approach the police alleging fraud (all of the conditions for a criminal fraud case are present in my view). I am Australian and not a US citizen, so I am not familiar with State -vs- Federal jurisdictions, but it is clear that a corporation has offered goods for sale and has not ever been in a position to deliver those goods, which in my framework is misleading and deceptive conduct and also fraudulent behaviour.

Time to stop talking/posting, and brief a lawyer if you do not get immediate satisfaction from you bank. Either that, or accept that your money has gone and/or that you will receive the goods at some future (unspecified) time.

Its a 60 day limit in the states. I believe most who dispute will unfortunately be denied, unless they used AMEX, who work things a little better than the others. If Sam doesn't have the funds to reimburse them, I don't think the credit card companies are just going to eat it either.

2011 Nismo#91 · 05-20-2014, 09:01 AM

Quote:

Originally Posted by Mike

Its a 60 day limit in the states. I believe most who dispute will unfortunately be denied, unless they used AMEX, who work things a little better than the others. If Sam doesn't have the funds to reimburse them, I don't think the credit card companies are just going to eat it either.

I always use my AMEX when shopping online, they are much better than the others.

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05-15-2014, 06:43 PM	#1 (permalink)
BGTV8 A True Z Fanatic Join Date: Dec 2009 Location: 03350 Australia Posts: 1,516 Drives: 09 Nissan 370Z M6 Rep Power: 39975	Folks, the reason you are being told to claim back thru your bank (for those who paid via credit card) is that it will be the bank who makes the refund and not GTM. There are 3 parties involved: the bank, the credit card scheme (VISA or Mastercard) and the merchant (GTM). In the event that the bank debits your card account to settle a purchase with a merchant, this creates a contract to timely supply of goods. If you do not receive the goods in a timely manner, then you can go back to your bank and dispute the purchase on the basis that the bank will credit those disputed amount back to your credit card account and the bank chases the merchant. What you are NOT being told is that a disputed transaction for a failure to deliver charge-back MUST occur within 90 days of the transaction appearing on your credit card statement, failing which the card-holder has no recourse. When talking to your bank, I reckon you should also state that the bank has been a party to a fraud in order to get some leverage over the fact that more than 90-days will have passed for most seeking a refund. I have watched this and other threads on the subject for many months, and the only step now is to approach the police alleging fraud (all of the conditions for a criminal fraud case are present in my view). I am Australian and not a US citizen, so I am not familiar with State -vs- Federal jurisdictions, but it is clear that a corporation has offered goods for sale and has not ever been in a position to deliver those goods, which in my framework is misleading and deceptive conduct and also fraudulent behaviour. Time to stop talking/posting, and brief a lawyer if you do not get immediate satisfaction from you bank. Either that, or accept that your money has gone and/or that you will receive the goods at some future (unspecified) time.