Interesting chargeback issue...

AARRRGH

Hello

I've had billing problems with Clearwire for about a year now. Basically they overcharged me a few times. I tried to sort it out with them but they claimed my credit card statement was wrong and they never overcharged me. :rolleyes:

Anyway, they overcharged me again and didn't have a clue why so I got onto MBNA to get them to claim a chargeback.

Clearwire dragged their feet sending incorrect or useless information to MBNA. This went on long enough so 120 days had passed since the latest overcharge.

It turns out because of this, I cannot claim the money back off of them as the maximum amount of time you have to claim a chargeback is 120 days. So even if you make your claim within 120 days, the offending party only needs to drag their feet and they will get away with the overcharge.

So be warned - if you notice an overcharge get onto it immediately and don't let it drag on for months!

jor el

Take Clearwire to the Small Claims Court for the overcharging. Cite their feet dragging in it too, and hopefully the judge will tell them to cop on.

AARRRGH

Too much hassle tbh.

It's funny, they're obviously trying to push the "we have good customer service" angle, as they are always ringing me and very polite on the phone, but unfortunately they don't follow through with actual good service.

lynchie

That doesnt sound right.. Once you dispute the charge with MBNA within the 120 days then you should be fine. If clearwire delays in giving MBNA the correct information then thats between both of them. You have disputed the charge, if clearwire dont respond within a timely manner, then MBNA has to side with you because clearwire didnt prove otherwise.

At least this is the way it works with BOI when i've gone through a similar issue.

Although.. thinking about it again.. you signed a credit agreement with them for regular unspecified amounts.. so the above may not apply directly as its not a one off transaction.

AARRRGH

I spoke to MBNA and they said nope, once 120 days are up, the dispute is terminated. Sounds ****ty alright. I even said to the MBNA person that Clearwire simply dragged their feet and got away with it, and she didn't know how to respond.

Clearwires overcharging, these are once off payments they are taking without warning and without reason. They are not my regular payments, or overpayment of my regular payments.

kmick

Cancel the payment on your card and let them know by letter. Ask them to bill you manually from here on out.

AARRRGH

Good idea. I will do that now.

axer

Why don't you let comreg know that they are overcharging. That might get them to take notice. Also the small claims court is not much hassle. Fill out a form and pay 9 euro thats basically it.

jor el

As said, €9 and a simple form is not much of a hassle. It's your money, not Clearwire's. Also, ring MBNA and tell them you're canceling your card (even if you're not) because they're useless. See if they re-think the situation.

antoinolachtnai

You can appeal MBNA's decision to the Financial Ombudsman, I think.

The legislation says nothing about a 120 day limit, as far as I know.

I too, would not waste the time on the small claims procedure. You have to show up at a particular day and time and make your case in person and all the rest of it.

AARRRGH

Thanks everyone for the replies.

I honestly would rather not go the small claims route. Mainly because it is for a small amount, and also because I just don't have the time to be worrying about it.

I'm going to stop clearwire automatically taking payments and I'm considering leaving MBNA. They have been completely toothless.

Cheers!

antoinolachtnai

Definitely, go to the ombudsman.

a.

AARRRGH

UPDATE:

Clearwire went ahead and refunded the overcharge. It took many phone calls and faxes, but fair play to them.

cast_iron

AARRRGH wrote: »

Clearwire went ahead and refunded the overcharge. It took many phone calls and faxes, but fair play to them.

Far from fair play, if you ask me.

I spent 3 months trying to get a refund on an insurance policy. The company constantly claimed the cheque was sent to me but it never arrived.

It eventually did arrive - but too late; I demanded to speak to a manager, told him I was billing them for every phone call (at the max mobile rate in the country) and for every minute I spent on the phone (1 hour's labour) or I was taking it further. That cheque took just 3 days to arrive.

That was a fair goodwill gesture, as it was a policy refund and I had left the company altogether.