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Chargeback Question (and Bonus Long Story)

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Syfer22

Junior Member
What is the name of your state (only U.S. law)? Indiana

So I had purchased a watch online from a company called Zinvo on April 10. After purchasing it, the watch went on sale in May.

By this point the watch still hadn't shipped out (nor had I gotten any notice it would), so I asked if I could either have the difference refunded to me, or if I could just buy the watch on sale and cancel the first one I ordered since it had yet to be shipped out. They said they would check with their manager several times, but I never got a response.

3 days went by, and they kept saying repeatedly that they would update me within 24 hours (they never did) and that they were still waiting for a decision. So by this point I didn't want to miss out on the sale, so I bought the watch on sale (5/19/2017) and advised them of the new order number. I requested for them to cancel my old order. They advised they would cancel my order once they verified it hadn't shipped yet, and that it would take up to 24 hours.

5/22, I followed up. They said they still hadn't canceled my order and that they would do so within 24 hours.

5/23, they said they would forward my request to the managers and that they would proceed with my refund.

5/26, the order still hadn't been canceled. They said they would do it as soon as possible.

5/30, I checked in to see if the order had been canceled. It had not. They said it should have been canceled and that they would let me know within the next 36 hours.

6/5, they said they would remind their manager to cancel the order (after I followed up twice).

6/9 I contacted them again, no response.

6/12 I reached out one more time, got a response of

"Sorry about the delayed response!

Your request was forwarded to our management team two weeks ago, they should have processed it already. I will ask them to cancel your order one more time, sorry for the inconvenience!"

6/13, I ask for an update. They told me that the order hadn't been canceled, and asked if I would be willing to wait for the watch. I told them no, and they said their managers would proceed with my refund.

6/14, I check in. They said it hadn't been canceled and that they would try to expedite my request.

6/15, I ask again if it's been canceled. The response was that it hadn't been canceled yet and that they would let me know the reason for the delay within 36 hours.

6/16, I ask for it to be canceled. No response.

6/18, I asked for them to cancel the order. I get an automated message later that day that the watch had been shipped. 6/19, they apologized for the inconvenience and that a mistake occurred in their fulfillment center, causing the watch to be shipped. They advised I could send it back for a refund.

6/20, they let me know to provide them a picture of the watch when I receive it. 6/22, I send them the picture and ask for the return address.

6/27, I send them a picture of the Fedex receipt and the package (before I shipped it out). I also provided the tracking number. They requested I let them know once the parcel was delivered, and that the refund would be processed within 10 business days of the manager checking the returned watch.

6/30, I send them a screenshot of the Fedex website showing the package was delivered. They offer to exchange the watch, I refuse and ask for the refund.

7/1, they let me know the request had been forwarded to the managers, and that I would be contacted shortly.

7/9, I reach out because I hadn't heard anything back yet. They respond by letting me know that they forwarded the request to their supervisor, and that my refund should be processed during the next 5 business days.

7/10, I reach out asking for an update. They said they would update me within 24 hours.

7/11 and 7/12, I reach out and get no response.

7/13, I poke them again and they advised that my refund would be proceeded (not a typo) within 5 business days.

7/17, they reach out to me first for once, saying that the refund would be processed up to the end of the week, and that I would be informed via email.

7/19, I reach out for an update.

7/20, they respond saying that my refund has been pending to fulfill and that it would be processed this week.

7/21, I send them another email to check in. They said my refund would be processed on Sunday.

7/24, once again I'm checking in with them to ask where the refund is. They respond by saying that my refund should have been processed yesterday, and that they would clarify the reason for the delay.

7/25, I check in. No response.

7/26, same thing.

7/27, I check in again and they offer to refund me a smaller amount. I refuse, sending them a screenshot of them agreeing to refund me the full purchase price. They respond by saying the request had been sent to their managers, and that they would contact me within 24 hours to issue my refund.

7/28, I hadn't heard anything so I reach out to them again. No response.

7/31, I'm getting pretty pissed. I give them one more week to make things right before I start taking the conversation elsewhere. They respond now, saying that the refund would be processed today and that I would get an email confirmation.

8/1, nothing, so I reach out to them again. No response. 8/2, same thing.

8/3, I check in with them again. They respond this time, saying their managers promised to refund me tomorrow.

8/4, I send them a reminder. They respond, saying the refund would be processed today and that they would email me when it's done.

8/7, I give them until the end of the day before I start seeking help elsewhere. No response.

8/8, I call my credit card company to see what I could do (since obviously Zinvo wasn't in the mood to refund my money). They offered to do a charge back once I send them proof, so I forwarded my email conversation and pictures. I then sent Zinvo another email letting them know that I took matters into my own hands. Predictably, they did not respond.

And now today (2/21), I get this in my inbox:

"ZINVO Customer,

We wanted to reach out to you regarding your chargeback for your ZINVO order.

Our merchant services informed us that your order amount was refunded back to your card, but your ZINVO order was delivered in full OR no product was ever returned.

Please reverse this transaction or reach out to ZINVO to advise how the payment will be made, before legal action is taken and more fees are incurred.

If you have any questions, please feel free to reach out to our ZINVO Help Desk for more information."

Can they do this? What should I do from here? I get that merchants can be taken advantage of using the charge back rule, but I honestly feel like I did everything I could to rectify the situation.
 
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FlyingRon

Senior Member
Certainly, they can send you whatever letters they want.

I'm not sure what "chargeback rule" you imagine exists.

Write them once and tell them that they agreed to take the watch back and that you had shipped it back. Otherwise, ignore them. It's easy to threaten legal action, but more involved to actually commence it, and even harder to prevail.

Retain all your correspondence and the proof of delivery on the return.
 

Syfer22

Junior Member
Certainly, they can send you whatever letters they want.

I'm not sure what "chargeback rule" you imagine exists.

Write them once and tell them that they agreed to take the watch back and that you had shipped it back. Otherwise, ignore them. It's easy to threaten legal action, but more involved to actually commence it, and even harder to prevail.

Retain all your correspondence and the proof of delivery on the return.
Bad wording on my part (usage of "rule").

Is it possible for them to send me to collections and have it ding my credit score?
 

FlyingRon

Senior Member
Is it possible for them to send me to collections and have it ding my credit score?
If you're asking can they attempt to collect from you by means other than the credit card after a chargeback, the answer is yes.
Can they ding your credit? Possibly, but I would suspect not in this situation. Still, I'd be keeping an eye on my credit reports until this is over.
 

Syfer22

Junior Member
If you're asking can they attempt to collect from you by means other than the credit card after a chargeback, the answer is yes.
Can they ding your credit? Possibly, but I would suspect not in this situation. Still, I'd be keeping an eye on my credit reports until this is over.
Got it, thanks Flying Ron! After my ordeal with this company I have no intention of paying them, so my biggest worry right now is my credit score.
 

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