Online purchase Fraud

[Greens18]

What is the name of your state (only U.S. law)? Pennsylvania

I ordered an unlocking code for my cell phone at Unlock Mobile, Unlock Codes, Unlock Cell Phone, Reliable and Fast Service - UnlockData.co.uk. Than once I never received an unlocking code I decided to do a little investigating on them. Turns out MANY people have been scammed by thing company.

So than I thought hmm I can make a payment reversal with my credit card company. Well turns out they have a Terms of Service that is so twisted. It can be found here: http://unlockdata.co.uk/terms09.asp

So what do you suggest I do? Be out the $23.05 I spent for this or try doing a reversal?

 

[swalsh411]

What did your credit card company say and what about their TOS do you think has to do with anything? I would call my credit card company immediately and dispute the charge.

 

[Greens18]

What did your credit card company say and what about their TOS do you think has to do with anything? I would call my credit card company immediately and dispute the charge.

I didn't call my Credit Card company yet. They have this in their ToS:

FRAUD & DECEPTION
We will not tolerate any attempts to obtain our services by fraudulent means. We report all such attempts to defraud our company to the relevant credit reference agencies and authorities.

To combat fraud, we are obliged to log the IP addresses of customer computers at each and every stage of the buying and delivery process.

Any attempts to defraud our company are passed on to our dedicated Debt Collection and Fraud Department. We already work closely with our Card Merchant Processor, SagePay, Google and Internet Service Providers. Law Courts and a variety of Global Debt Recovery agents are able to successfully prove that our services have been digitally delivered in cases of fraud or mis-claims of 'non-receipt'. We are often able to successfully recover monies in cases where payment has been reversed or charged back.

In cases where we feel confident that a customer is attempting to defraud our company, we will forward an invoice for the reversed payment to the customers card address on file. A demand for payment including a £100 administration fee will be applied to the invoice. Customer will be allowed a 30 day grace period within which to pay the invoice after which time, a further administration fee of £50 GBP per month will be levied against the debt and interest (charged at 8% per annum / 0.6% per month) will be applied to the full upstanding amount. If the invoice remains unpaid after 90 days, we will seek recovery via the law courts and our debt collection agents.

Is this a case where I, the honest paying customer, get's scammed by a fraudulent company with asupped-up ToS?

 

[swalsh411]

So it says they will go after people who defraud them. What does that have to do with you? You never received what you purchased. You are not attempting fraud.

Have you told them you never received the code you purchased? Your credit card company will want you to at least make an attempt before you dispute the charge.

 

[racer72]

They are in the UK. You are in the US. Do you really think they will come after you in this country for $23? I seriously doubt it.

 

[Greens18]

Homepage says it takes 1-6hrs to get a code for a Motorola phone (which I have) but their ToS says the hours on the homepage only could mon-fri 10:30am to like 7pm. So in theory they never even looked at it yet even though it promises 18hrs a day 365 of tech support. It also says they have up to 28 days to deliver a code.

I just don't want to reverse the $23.05 and then legally be obligated to pay 100GBP($153.51usd) + the $23.05 than 50GBP($76.76)/month after that + 8% interest a year. So in 3 months time I would owe $335.78USD based on those fee's.

I think stuff like this is bull crap.

 

[swalsh411]

You won't be. Stop worrying about it. If they haven't responded to you in a reasonable amount of time, and you do not have what you purchased, dispute the charge. Just because they put something like that in their ToS does not mean they have the means to enforce it.

 

[Greens18]

Anyone else have an insight on this?

 

[Zigner]

Anyone else have an insight on this?

Yes...

I agree with the prior responses.

 

[Greens18]

Well received no email tech support from them at all on a business day. I'm going to talk to my lawyer about this, my credit card company, and if my lawyer sees it fit I will mention this to my local police. That way if I ever happen to get taken to court over this I will have a police report. (Am I being extreme?)

 

[Zigner]

Well received no email tech support from them at all on a business day. I'm going to talk to my lawyer about this, my credit card company, and if my lawyer sees it fit I will mention this to my local police. That way if I ever happen to get taken to court over this I will have a police report. (Am I being extreme?)

A lawyer...over $23.05?

 

[Greens18]

Nah I have a personal lawyer for my business that I could run this by. So far 3 days no reply from this company.

Should I create a police report about this or just dispute the payment?

 

[swalsh411]

The police aren't going to care about $20. Dispute it with your credit card company. That is what they are there for.

One a scale of 1 to 10 with 1 being breathing and 10 being The Manhattan Project, this problem is about a 2. You are treating it like it's an 8.

 

[Greens18]

The police aren't going to care about $20. Dispute it with your credit card company. That is what they are there for.

One a scale of 1 to 10 with 1 being breathing and 10 being The Manhattan Project, this problem is about a 2. You are treating it like it's an 8.

No, I just know about Terms of Service abuse and that is what this is. The sole purpose of the site is so that you buy their product forcing you to agree to their terms. Than once you break their terms they pursue it. That is how they make their money.. not from the $23 but from breaking their ToS.

It's not that I care about the $23. It's not even 10 minute's income. It's more or less paying a thieve. It would pretty much be going into a prison, finding a bank robber, and popping him a $20.

And as for the Police. Lol I know they wouldn't give a crap about $20. But I at least would have a police report to fall onto if I ever was accused of Credit Card Fraud.

 

[cosine]

It sounds like that company is breaking the terms of service, not you, by failure to provide the service in the first place. These are not the terms of service for your credit/debit card provider. So just reverse the charges and let the Brits come across the big pond. They are just using scare tactics.

Next time, do business in the USA where it's easier to sue those who fail to live up to their agreements.