questions on credit card dispute (continue)

[thongyoi]

Do we need to do any thing or just wait?

 

[lawrat]

write your question again

 

[thongyoi]

When the web-base company filed for bankrubcy chap.11, what can we(consumer) do? Just wait? or do we need to file the claims to their attorney?

 

[JETX]

Sorry, but we really have not idea what the problem is.

Either provide sufficient details in this 'new' (?) thread or a link to the old thread.

What is the basis of your claim as a creditor???

 

[thongyoi]

It was a tread posted by Upendra "Credit card transaction dispute-california." I knew that the credit card company will not disputed the transaction due to the web-base which is Cyberrebate.com who promised to give a 100% rebate, but recently filed bankrupcy before we can returned any items eventhough the company had a 30 days return policy. After I called the credit card company, they will not disputed the transaction. What can we do about it? Just wait?

 

[JETX]

Okay, will rehash this issue one more time. The purchase of the product from CyberRebate was ONE transaction. That is the only transaction that the credit card was involved in. And if the transaction had problems as provided in the Fair Credit Billing Act, you can dispute the transaction to the credit card company and return the merchandise.

In your case, there was then a SECOND transaction, that being submitting a form (or procedure) for a rebate of the purchase price. This is a totally separate transaction and NOT subject to FCBA protection.

You will need to keep track of the issue and make sure that you are listed as an unsecured creditor in the bankruptcy proceeding. Then, if there are any assets left over, they will be used to 'spread the wealth' among all of the other unsecured creditors.

 

[punky]

I, and many others, consider this to be one transaction since WE only purchased the items at 1000 times there value with a promise of the "No Fear Rebate" to get 100% of our money back. We would otherwise not have purchased these items.

I am also having a similar problem with another merchant, Cityspree. We bought gift Certificates for resturaunts. The resturaunts say that Cityspree was not authorized to print these GCs and they will not honor them. The merchant ignores our emails. Can I go through the CCs? It have been over 6 months (the GCs are supposed to be good for a year). We got what we paid for, a GC; but it is worthless. The company committed fraud.

 

[JETX]

It really doesn't matter how you or others "consider" this transaction, the credit card companies have taken the position (right or wrong) that the transactions (sales and rebate) are two separate actions. You made a purchase using a credit card, the card company is required to provide protection as a part of that transaction. You then filed a rebate request with the merchant, totally separate from the purchase (and not a condition of the purchase). You can either accept that as a fact, or you can decide to challenge it. If you do challenge their decision, you will have very probably have to take them to court.

One thing to consider in this... Do you agree that you can't get your money back (from the credit card issuer) AND keep the merchandise??? If so, who would you return the merchandise to?? Remember, the merchant is no longer in business and obviously not accepting return shipments. And if you believe that you should be able to keep the merchandise, you need to be aware that the credit card issuer will NOT give you a credit while you keep it.

As for your other issue (Cityspree gift certificates), I would suggest you start a fresh thread, since this thread is already a 'carry-over' from another.