Chargeback time limit

Eleusis

Hi there,

I bought a laser engraver gantry kit from a company in Sweden for €249. It was a pre-order and the transaction date was 11th of October. I was unsure of how long it would take for them to fulfill the order or to receive it. The company now does not reply to emails (approx 10 unreplied) and has no other contact information. I gave the company as much time as I could to fulfill the order.

On February 5th I filled out a chargeback form and sent it to BOI. They should have received it on Thursday 6th Feb and the 120 day deadline was Friday 7th. I got a letter today (dated the 10th Monday) stating that I was out of time. I understand the timing were tight but this shocked me as I would have thought my bank would protect me on this - Especially considering they technically received it before the 120 days but did not open or respond until after the 120 days. 

I rang up and explained my case to customer care who argued my case to chargeback department. They said it was a strict 120 days policy and seem to disregard the fact that they received it before the 120 days was up. My research online seems to suggest on multiple websites that chargeback timeline for not receiving goods was actually 540 days. This was also disregarded by the chargebacks department and again I am disappointed that my bank is not allowing this chargeback to be filed.

Some Quotes below from various websites showing the 540 days conditions. I am unable to verify if the visa chargeback info below applies to Ireland and/or Bank of Ireland. 

Also note this purchase was made using an Irish business account Visa Debit Card. Any help and clarification would be much appreciated.

Regards
Giolla 

Say you order furniture, or some coffee online, or….you pre-order a gadget under development, and you wait a year, but the stuff never arrives.  You’re out of luck, the bank says, because the order was placed more than 120 days ago — the period when dispute rights expire.
Wrong.
At least with any purchase conducted over the Visa network, consumers actually have 540 days from date of purchase to file a dispute in some situations. Specifically, it’s 120 days after the consumer becomes aware that the product or service is never coming, not to exceed 540 total days from transaction.
Even if your bank tells you otherwise, your bank is wrong. 


Charge Back reason Code 30 - Services Not Provided or Merchandise Not Received

The chargeback time limit is calculated based on one of the following:
-120 calendar days after the transaction processing date
-120 calendar days after the last date the cardholder expected to receive the goods or services (not to exceed 540 days of the transaction processing date
-120 calendar days after the cardholder realises the goods or services will not be provided (not to exceed 540 days of the transaction processing date)

Bank of Ireland: Aisling

Hi Giolla,



Thanks for reaching out to us here on Boards.



We’re very sorry to hear this. We completely understand your frustration, and will certainly pass this on as feedback on your behalf to the Chargeback department.



We would allow for a maximum of 120 days for a chargeback dispute to be received. As our Chargeback team have confirmed that this time has elapsed we would be unable to follow up on this here for you.



You can certainly log a formal complaint with us by following the link here to our Complaints and Feedback Process. Please be assured, one of our Complaints Agents will be more than happy to investigate this fully for you.



Thanks, Aisling.

Eleusis

Hi Aisling,

Thanks for your response.

Can you tell me about the 540 days and why this does not apply to me in this situation? It was a preorder and then order not received with no replies to my emails.

Also If I wanted to get a letter to confirm why the 540 does not apply in this situation how do I go about this? 

thanks
Giolla

Bank of Ireland: Aisling

Thanks for getting back to us here Giolla.

We have linked in with our Chargebacks team to double check this with them.

Please be assured we will be back in touch with you as soon as we have clarified this for you.

Thanks, Aisling.

Eleusis

Thanks Aisling. I will wait for clarification then.

silver2020

The 120 day rule is correct.

It is 120 days from when you expected delivery with a  maximum 540 days from transaction.

eg if you buy concert tickets today for December 2021 and the concert does not go ahead and the promoter goes bust, you would not be covered.
If the concert was end of July 2021, you would be covered.


You say it was a pre-order. You need to show that delivery was not expected until xx days after the transaction and that from the expected delivery date to today is within the 120 days limit.

Maybe you did not make it clear that it was a pre-order. - You would need to be able to show that. 
https://chargeback.com/visa-chargeback-time-limits/ 

frash

Stumbled upon this but have access to Visa documentation for work

Your limit is 120 days (see attached).
The 540 days only appears to be for cases where the seller went bankrupt (see below)

Processing Timeframes
Members are reminded that if the services were to be provided after the transaction’s processing date,
the 120 calendar day time frame is calculated from the date that the cardholder expected to receive the
service, or from when the cardholder was first made aware that the services would not be provided. This
time frame must not exceed 540 calendar days from the processing date of
the transaction.

Bank of Ireland: Aisling

Eleusis wrote: »

Thanks Aisling. I will wait for clarification then.

Hi Eleusis,

We have just sent you a private message on this, would it be possible to reply there.

Thanks, Aisling.