sethn

I am new to this forum, and found it through a web search. I am hoping that I can find some assistance. Thank you in advance if you can provide insight.

I purchased a motorcycle and two helmets at a store. Paid in full with a PNC Visa debit card. The merchant told me that I would have the bike delivered in two days, and I went home with the two helmets. He never delivered the bike and after four weeks of visiting him at the store and making phone calls he was full of empty promises. I then saw the bike at the store, and it was damaged and it now had 5 more miles on it. It was on display with other bikes on the showroom floor (no sold sign on the bike and it looked like he was using it as a floor sample). I told the merchant at that point that I had enough, and that I wanted to cancel and get my money back. It was now over a month since the date of purchase and I had a conversation with the merchant where he agreed to refund my money, but he never did.

I filed a chargeback for the full amount. The response was that I would only get part of my money back ! I was told by the lady at First Data that as per Visa/Mastercard's rules, because I cancelled the transaction, that the merchant has the right to charge me the following fees:

$20.16 credit card charge
$35.00 overdraft fee
$20.00 fee debit
_____________

Total of $75.16

I just can't imaging how this could be accurate. I purchased something that was never delivered ! I cancelled because his promises of delivering were never upheld, and the bike was damaged, and had additional mileage. He is actually charging me for the credit card terminal transaction fee, his account being overdrafted when i disputed the charge, and a mystery "fee debit". Do they just expect me to accept that ?

Also, the helmets were purchased for $52.50 each (discounted from $79.95). They were purchased under the understanding that I would have a bike to go along with them. I have no use for the helmets. He is now charging me the full price of $79.95 each. I was told by the lady at First Data that he has the right to charge me that amount. I would like my money back and return the helmets.

He is also charging me for 6% sales tax on the helmets which he didn't charge me initially (he should have charged me sales tax by law), and 6% tax on a jacket that was a seperate transaction on a different card. Again, he should have charged me tax on the jacket when it was purchased, and he didn't. How could they let him get away with that, and how could he have the right to mix in tax for the jacket with this PNC transaction when it was charged on an alltogether different card ?

It would be great to hear some feedback from the forum. I've been so upset about this. I thought that I would have some consumer rights, but the crooked merchant seems to know what he is doing and is quite good at ripping off people - even through First Data and PNC Bank. I will not let him rip me off, and I am still trying to dispute approximately $250 in erroneous charges.

Stacyk19

Wow what an unfortunate mess. I have had ebay fraud to the tune of $2,400. I called the police immediately, depending on who you talk to they may say this is a civil issue or a criminal issue. But I did find a detective who was nice enough to go to the sellers house and put the fear of God in him.

If the police won't work with you, you need to find a lawyer and talk to them. I don't know how far you want to go with this though. I would attempt to talk to the higest ranking person you can from your bank and see what you can work out. What a slime of a merchant though!

sethn

Stacy,

Thank you so much for your reply. I was specifically wondering if the bank is acting in the correct fashion by allowing the merchant to charge me those fees for merchandise that was never delivered, and as to whether I was to be responsible for buying the helmets. If anyone can provide insight I would greatly appreciate it.

For me to file a civil suit is a lot of extra aggravation, and it would be much easier for me to goto the bank if the fees they are allowing the merchant to charge me are not within their rights.

Hopefully I will get some feedback. That's why I came to this forum.

Seth

Stacyk19

I'm sure you get more replies from other members shortly!

But from my experiences I know that those bank fees are very negotiable, if you keep on them they should side with you. You just may have to go with somebody higher than a branch manager. If you can get ahold of someone in corporate and get them to listen, you probably can get all the fees waived (since no one wants to get the boss angry at them and lose their job in todays economy).

sethn

I have not yet accelerated this beyond my local branch, and branch manager. The branch manager essentially told me that I could file a claim for these fees, but it would not help, and it would be rejected. I first wanted to get some feedback from the forum from people who are up to speed on what a bank can and can't do to their customer. I know I have certain rights by paying by a Visa debit card, but from what the branch manager is telling me is that the merchant can charge these fees per Visa/Mastercard rules. I'm having a difficult time accepting that. I would like to be more informed as to what my rights are.

I greatly appreciate your taking the time to reply and hopefully I can get some further insight.

Seth