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AIBU?

Account locked for getting a refund?

70 replies

PumpkinP · 19/11/2019 20:00

I bought my son some trainers using something called clear pay, don’t know if anyone is familiar with them but it’s basically like klarna but they don’t credit check, anyway after 6 weeks the trainers had a massive hole in them. I contacted the retailer who I bought them from who basically said tough luck, I contacted clear pay who said they wouldn’t get involved, so I opened up a dispute with my bank who did a charge back. Anyway I’ve now been suspended from using clear pay and my account has been “locked” Aibu to think this doesn’t sound right? The item was faulty and I got a refund, it’s like getting a refund from eBay and then them locking your account so you can’t use it again! I’ve emailed clear pay who have confirmed that is the reason. Has anyone had any experience with them? It’s not a massive issue but when money is tight being able to pay things off rather than all at once was nice, and I never missed a payment.

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MummytoCSJH · 19/11/2019 20:48

You need to get back in contact with the retailer and get them to refund clear pay. They legally can't refuse to refund/replace a faulty item.

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LIZS · 19/11/2019 20:49

I suspect your account is now in deficit hence the lock down.

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AmIAWeed · 19/11/2019 20:50

I actually think this is really shitty.
The OP can't afford to get things by paying in full straight away, can't get a credit card so is using a system designed for people with poor credit. Except with zero help or protection when something goes wrong - how is that right? I appreciate it may cost a little more due to the OP being a higher risk (potentially not paying back) but that doesn't mean she should accept sub standard products with no recourse.

I've no advice I'm afraid but if I was in your position I'd have done the same.

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Joerev · 19/11/2019 20:51

The retailer is at fault. Distance selling regulations should of protected you

However. It’s not really to do with clear pay. You needed to stand your ground with the retailer. Have you still got the trainers?

You will just have to chalk this down to bad judgement. You need to ring the CAB or someone who can let you know of your consumer rights.

I wouldn’t use them again. It sounds like they won’t let you either.

If you ring a company. Know exactly how to deal with it. It might take letters. Or emails. Or phone calls. But it’s the retailer you have the contract with. However I’m not sure if it’s through a third party

PayPal do something where you can pay two weeks later. Etc. But avoid those catalogue type companies a mile away. You’ll end up paying more

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BillHadersNewWife · 19/11/2019 20:52

Weed yes it's unfortunate but that's how these companies work...and they're excellent really because they don't add extra onto the cost of people's purchases.

But here, the OP made a huge mistake....as did the bank. ClearPay had paid for the trainers she bought...they've lost out because OP did not pursue JDSports enough.

Her anger needs to be directed to JD Sports not ClearPay.

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BillHadersNewWife · 19/11/2019 20:54

And OP...follow all the advice about getting onto JD Sports more....Tweet them. That's usually more effective than the phone. Do you have the trainers still?

Also, if you were relying on ClearPay for Christmas, look to Afterpay for another chance. Or Klarna.

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Finchy19 · 19/11/2019 20:55

Any business can decide who they do business with and they obviously don't want yours.

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BillHadersNewWife · 19/11/2019 20:55

Jorev ClearPay and the like are not like catalogues. They charge no more than the retailers do. it's the retailers who pay the extra. They pay the companies to be a part of it.

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PumpkinP · 19/11/2019 20:57

Thanks very much AmIAWeed for being understanding, kinda felt like I was being abit jumped on! my son had his shoes for 6 weeks, I had basically only JUST finished paying them off for there to be a massive hole in the back with plastic spiking through hurting his feet, what was I suppose to do? I done what I was advised to do online which was doing a charge over faulty goods. After contacting both companies and getting nowhere. I had 3 children’s uniform to buy including school shoes, I’ve bought all the cheap supermarket ones in the past which have always fallen apart I thought I would pay more for a better quality thinking it would last and made more sense than buying supermarket ones every 3 months. Obviously not!

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PumpkinP · 19/11/2019 20:58

Can’t use klarna as I’m not working.

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Lhastingsmua · 19/11/2019 21:09

Unfortunately consumer protection doesn’t apply when you buy through a third party like PayPal or presumably clearpay.

Bullshit, your statutory rights absolutely still apply.

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BillHadersNewWife · 19/11/2019 21:09

Pumpkin did you not think about who would be paying the refund? Either way it's done now. You can still sort it out. Contact JD Sports and tell them what's happened. Is there AfterPay in the UK?

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BillHadersNewWife · 19/11/2019 21:10

Oh I see that ClearPay IS AfterPay...they have to use a different name in the UK.

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PumpkinP · 19/11/2019 21:14

I don’t know what after pay is. What would I say to jd sports? I still have the trainers as the bank told me that jd sports could argue it so I kept on to them just in case.

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Lhastingsmua · 19/11/2019 21:22

It’s strange that the retailer refused to accept a faulty return, it’s their responsibility to rectify this. However I’m not sure what point there is contacting them now if you have already filed a chargeback with your bank.

Clearpay are within their rights to refuse to continue to carry out business with you. You’re a problem customer in their eyes and their product is risky - it’s a credit product without credit checks, so will clearly attract people with poor credit or people that can’t afford to buy outright. Therefore they are probably highly risk adverse and don’t want to risk any further issues with you unfortunately - a 1 strike & you’re out policy.

I’d respectfully suggest you live within your means or use regular credit cards and avoid those weird credit companies like the plague.

Agreed. I disagree that plenty of people use “Klarna”. Most customers buy outright as normal, or don’t buy things they can’t afford. Not to be nasty but you’re not employed and buying on credit, it’s not the best decision if you don’t have a fixed/dependable income as you might end up in debt.

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Lhastingsmua · 19/11/2019 21:25

bank told me that jd sports could argue it

Can you clarify what is happening with your chargeback? If it is fully resolved and the bank decided in your favour, JD can’t argue anything. However if it is still ongoing, JD will be asked to respond and you may be asked to return the trainers, and the temporary credit on your account can still be reversed by the bank.

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BillHadersNewWife · 19/11/2019 21:40

Pumpkin JD Sports now owe ClearPay the money.

You should begin calling and tweeting JD Sports daily to work this out. Also phone ClearPay and tell them you are trying to get JD Sports to pay them back.

JD SPorts owe the money to ClearPay.

Tweet them and phone them

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8letters3words1meaning · 19/11/2019 21:47

How could your bank do a charge back for something you hadn't paid in full for?

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PumpkinP · 19/11/2019 22:20

I had finished paying it off, I already said that, I had literally just finished paying it. The bank gave me the money back, actually thinking about it I’m sure the bank said it’s there money they refund me and then they claim it from the company?? I could be wrong though but I’m sure that’s what they said, so they said jd sports could still contest it and they would write to me if that happens.

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GlitterNails · 19/11/2019 22:23

Statutory rights have nothing to do with how you pay - such as using PayPal, etc.

Really sympathise with the situation, and obviously you thought you were doing the right thing with the charge back, but for others in this situation the retailer is the one the law applies to - no one else, and so I would have carried on arguing with them and quoting the law as they item clearly wasn't fit for purpose. Trading standards will often give template letters quoting the correct bits of the law for you to send retailers.

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BAYouTFall · 19/11/2019 22:46

After 6 weeks does the retailer need to refund if the item has been worn during that time?

JD Sports are very picky with their returns unfortunately.

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Wildorchidz · 19/11/2019 22:52

After 6 weeks does the retailer need to refund if the item has been worn during that time?

Yes. The op could reasonably expect a pair of shoes to last longer than 6 weeks.

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Havaina · 19/11/2019 22:56

You've done nothing wrong. I'm glad you did charge back. Brew

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PumpkinP · 19/11/2019 22:56

Well jd told me wear and tear and I know from other people they are pretty strict hence why I didn’t try to fight them. I didn’t know what my rights were, so Googled and came across charge backs.

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BillHadersNewWife · 19/11/2019 23:35

Oh you had paid it off! I don't see you mention that anywhere previously?

If you paid it off, then the bank refunded, they must have done it before ClearPay had got their cut or something.Have you tried phoning ClearPay?

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