MESH Administration and VISA Chargeback - legalities

  Graphicool1 14:51 PM 05 Jul 11
Locked

Hi Guys

I'm still unable to post a thread on 'Consumerwatch' so here goes. Although I am asking for help...

I'll give a brief account here of my MESH machinations.

I - as did many others - fell foul of the MESH company fold. I had a PC on order, for which I'd paid the full amount. I had used a VISA card, but hadn't received the PC or a refund. I contacted the official administrators and filled in various forms, phoned and exchanged letters.

Then, on PCA I was informed about Cashback. So I got in touch with my bank who refunded me the money I had paid MESH.

On my PCA thread, I asked if I should inform the administrator that my bank had reimbursed my account with the full amount? The consensus of opinion was NO because...

(1) The refund hadn't come from MESH and (2) I wasn't under any legal obligation to inform anyone.

So I did nothing, however I have since received further notification from the administrators keeping me in the picture regarding my claim for a refund from them. It seems unlikely that I will actually get a full refund from the administrator or even part of it. Which, being as I have got my money back, I'm not bothered. However, what if they do send me all or some money, what then. I wouldn't be able to accept it twice, albeit coming from different places would I. So what was the point of not informing the administrator at the onset?

Where do I stand legally?

  woodchip 14:55 PM 05 Jul 11

There is only one way to go, Just as I did. Phone your Visa Credit card and tell them you want your money back after explaining the above to them. They are under obligation to pay you your full money back. you will need to do what they ask you to do

  Graphicool1 15:02 PM 05 Jul 11

Hi woodchip

I think that perhaps speed reading isn't all it's cracked up to be. Or to put it another was thanx for your response and bumping back to the top of the list. Perhaps someone else may like to respond to my actual question.

  woodchip 15:20 PM 05 Jul 11

It was not speed reading, I am telling you the way to go about getting your money back. and its not by contacting mesh or PCA. Your contract is with Visa.

I had a Reconditioned Gearbox fitted and paid by credit Card Master Card Halifax that controls it after doing what they told me to do I got full £650 Back less £50 for a independent Report on the Gearbox, which was a Laguna Gearbox but the wrong model plus it had only been in the car, they fitted it 6 months and about 2,200 mile of use out of a so called twelve moths or 12,000 mile warranty, they had put Automatic fluid in a Manual box. Got my money back with no problems. I suggest you want your money back this is the only way to go. Not to Citizens Advice etc

  Graphicool1 15:31 PM 05 Jul 11

Hi woodchip

I'm sorry about this - I know you mean well - but you haven't fully read the question. If you had you would see that I have got my money back from my bank. But that isn't the question.

  woodchip 15:57 PM 05 Jul 11

The second part of your Post is Correct to the advice you have been given. You do not need to go any further with it

  woodchip 15:58 PM 05 Jul 11

PS Don't Worry Mesh will not pay you back any money

  Graphicool1 18:09 PM 05 Jul 11

Hi woodchip

Thanx for that, however, if against all the odds they were to come up trumps and refund part or all of my money, what then. Under the auspices that to be forewarned, is to be forearmed. What would/should my next step be? Being as you brought them up, perhaps I should give the Citizens Advice a go.

  chub_tor 18:22 PM 05 Jul 11

If it was me I would write to the administrators, thank them for keeping me informed regarding a refund from the Mesh account and advise them that as I have already received a refund in full from my bank I have no further interest in proceeding with a claim on Mesh.

Having done that it is then up to you and your conscience if they choose to ignore your reply and send you a refund anyway. Legally I would imagine you would be obliged to return any money refunded to you by the Mesh administrators. Morally you might argue that you could keep some of it because of the "pain and distress" caused you for not receiving the goods that had been promised to you.

Personally if I received a second refund I would make every effort to contact the administrator to explain the position and seek his/her advice as to how to proceed.

  spuds 18:51 PM 05 Jul 11

I could be wrong, but it would appear that you are on the creditor's list, hence the letter from the administrators regarding payment at a possible later stage.

When Time Computers sank (and Tempo Electrical Superstores), there was quite a lot of confusion about payments, and how these should or would be paid. Some people got paid others didn't. Others carried on paying, and the warranties were taken over by third party companies.

I would suggest that you write to the administrator, pointing out that you have already received a full refund, and leave it for them to deal with it. The company that provided the refund may have already written the claim off. Remember though, that should you receive any further money later, it doesn't belong to you. Usually when finance providers deal with matters like this, they may put a covering letter as to 'being notified' of further actions, some don't some do- did yours?.

  Graphicool1 16:21 PM 06 Jul 11

Hi chub_tor

"If it was me I would write to the administrators, thank them for keeping me informed regarding a refund from the Mesh account and advise them that as I have already received a refund in full from my bank I have no further interest in proceeding with a claim on Mesh."

Those are my sentiments entirely. However, the way I am seeing this, is that it is the company that went bust that should be stumping up the money, not my bank. I am thinking more along the lines of asking my bank what I should do if the administrators decide to give me a payment.

Hi spuds

"Usually when finance providers deal with matters like this, they may put a covering letter as to 'being notified' of further actions, some don't some do- did yours?"

No, they didn't. In fact I only found out that they had reinbursed me by chance. I already rang them to ask if they would back my claim by sending a letter from the bank to the administrators. As I felt that this would give my claim more strength. They said they would, but in the meantime I heard about 'Cashback', so I thought I should ask about that. I went to my account online to get a few details, in case I was asked for them. That's when I saw that the money had been put back into my account. It had also been back dated to the same day it had been withdrawn.

At the time I was surprised that no-one had contacted me to tell me that they had or were going to give me a refund. That was over a month ago now and I still haven't officially heard from anyone.

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