Update on chargeback: For any victims of Kobalt's ceasing trading

Since the old thread is long closed, I've had to start a new one to post a quick update. I hope no one minds. I'm sure that most of the aggravation from the events a couple of months ago is long past now...

For those who were relying on a chargeback from their bank to get back their money, I have good news.

After much waiting, my bank (Barclays) have today returned the full amount I had paid to Kobalt back in April (!!), back into my account. I first lodged the chargeback with Barclays back in October, and they seem to have paid me back pretty much the day that the 45 days time they had to give the merchant to respond was up.

In short, it seems that anyone able to try and get their money back via chargeback, SHOULD be successful. If your bank tries to claim they can't do it, persevere.

Barclays, to their credit, didn't try and wriggle out of it, and seemed fairly knowledgable when I first raised it, so that's good.

For those stlll waiting... good luck!

(Updated the title on someone's suggestion so it's easier to search for and see what it's about)

 

(sorry for hijacking the thread, but I didn't quite know where to post this.)

Has anybody got their laptop back from repairs? I have a sinking feeling mine's been seized by the bailiffs.

 

Hi everyone,

Just to let you know that I got my visa chargeback after 3 months (order placed in late August). NBR and Lucia's thread was really helpful, and I refer everyone to it. Unfortunately, it came 1 day too late for me to place a cyber monday order, with one of the excellent providers that I've met in this forum. But I will be a clevo/sager client soon...

By the way, I suggest everyone keeps to the rules and not upset the mods with rants on a failed business - lets keep this thread clean, helpful and positive.

Best, Jay

 

That's good news, that gives me hope on my chargeback from barclays. I ordered in July, and two weeks ago I got a letter saying they were going to chase the bank/merchant for the funds, but be prepared for you to have to chase the company yourself. I will just have to keep watching the the account to see what happens.

My new laptop from PCSpecialist actually arrived this week, but I work away so it will be friday before I see it. Hopefully the wife hasn't tested it, and I find out I am now the proud owner of a new Dell laptop.

 

Ohh, that's very nice to hear!
I have been waiting on my chargeback now above 45 days I think, but my bank never told me how long I had to wait for an answer me. So I think I should call them soon to hear!

I have been wondering if it only was those 4-5 persons how got sucesfully in their chargebacks.

I really hope more people would comment their chargeback status, so we can use eachother to prove our bank that people got their money back, and if they got their money back, all us other

 

That's pretty much the whole reason why I posted my outcome

I've read several places that the official time that the banks have to allow for the merchant (ie, the bank that performs services for the company in question) to respond to the chargeback request is 45 days. Oddly, Barclays first letter said 3-4 weeks, but when I phoned them up after those 4 weeks (actually, more like after 6!) they said they had to wait 45 days before they could do anything.

Soon enough, pretty much as soon as those 45 days are up, I got my money back... which was quite a relief.

Sadly (or perhaps luckily) my money situation's gone downhill since I first ordered, so I'm not even really able to use it to get another laptop... 7 months after I first wanted one! But still, it's nice to know that at least this part of the system works.

In short, if you've got a legitimate chargeback case with your bank (I believe you have to start your claim within 120 days of when you should have received your goods) then it seems you should be okay.

 

It's good to know these cases are being sorted out.

Good luck to you all!

 

This is indeed great news for people. And at the risk of hijacking (sorry) for all you UK based people who have had money back I can highly reccomend PC Specialist for an alternative Clevo. I am loving mine (even if it weighs enough to have it's own gravitational field).

 

Ok, i registered just to post in this topic (after googling turned this it up), but i'm glad some people are getting their money back through the chargeback system. I on the other hand have not been so lucky.

I too am with Barclays, paid Kobalt with my debit card (around £2500). Put in my chargeback claim around September, got the money back pending an investigation, but this was reversed just last week as they couldn't get in touch with Kobalt's bank. I now find myself with quite a bleak outlook that i may never see a penny again. And theres no appeals process or anything. So are Barclays operating a double standard here giving out refunds to some but not others? Although, i'm not sure if any of the other chargebacks are credit ones, or debit ones like mine.

 

chargeback on a debit card varies by bank and by account type with the bank.

 

That's not good, I do wish comapanies were consistent, I will reset my expectation back to losing £1600 that I will never see again.

 

I think you'll find there are two different kinds of refund, BlueSteel.

A chargeback is where your bank requests a refund from the seller's bank. Your bank is required to do a chargeback if you insist, but whether it works depends on whether the seller's bank actually returns the money to your bank, and that in turn depends on whether the seller's bank actually manages to get the money back from the seller.

A claim under the Consumer Credit Act is different - if you pay with a credit card then your bank is in most circumstances required to refund the money to you regardless of whether they can recover the money from the seller's bank. In this case they will probably issue a chargeback anyway if they think it has any chance of success - since they don't want to be out of pocket either - but your bank has to give you the money back even if they lose out. Sadly the Consumer Credit Act protection only applies to credit cards.

In both cases you may have to argue with your bank to get them to do the right thing - but in the case of a simple chargeback your only right is to insist that they perform a chargeback. But you only actually get your money
back if the chargeback is successful (i.e. if your bank managed to get the money back from their bank)

Just my understanding - could be wrong, but hth

roy

 

I understood all that before anyway. It was just a management of expectations, and being hopeful because other people had got their money whi were with Barclays. But now i'm not so sure that this will happen now. Oh well some you win some you lose.

 

That is odd. Since we're both with Barclays, and both paid by debit card.

When I first raised the claim with Barclays, I had heard that some other people (like yourself it sounds) had got the money back within days, while the bank investigated, whereas they specifically said to me that they could NOT give back the amount straight away.
In fact, I had a letter saying very explicitly that they could not do it without investigating first.

I know from what other people have said on here (on the now closed thread) that the method of payments taken by Kobalt changed over time, so it's possible that whatever merchant bank was their supplier back in April when I first paid is different to the one that processed the transaction when you paid, and may be being more difficult.

I assume you've hassled Barclays already (it IS a lot of money after all) but if not, I'd press them for a reason why they can't reimburse you.
I was under the impression that as long as the claim is lodged within the 120 day window from expected time of delivery, and you can prove you never received the goods, then they are obliged to reimburse you under the chargeback system.

 

Well, the reason they paid the money before an investigation was complete was because it was such a large amount of money. Or at least thats what they told me, they wouldn't want me to be out of pocket, that sort of reasoning. It could very well be that Kobalt had changed their payment method and what have you as i paid back in July. But the only reason Barclays have offered up is that they were not able to contact Kobalts bank.

I've already voiced my anger at the decision, even got the confirmation letter from customer relations about the complaint i lodged with them and they'll look into it again. Will hear that outcome before January 5th, but i don't hold much hope. I mean, it boggles my mind at the way Barclays have dealt with this as it now means I owe them my own refund. If i hadn't talked this out with Barclays collections department i would've had to come up with around £3000 before the 19th December or have my account closed and the debt passed onto recovery agents.

 

I can gladly tell you that I got my money back from the chargeback 2 days ago. It took only above 50-60 days to get some answers from my bank, but I got my money back at least. (Norway)

I hope that you who have not received your money back, get them back soon.

 

Sorry guys I've been really busy....

Don't accept this from Barclays challenge it and go to Ombudsman if you have no luck. See all the links I posted in the first post in the previous Kobalt thread which was shutdown because an ex member of staff got aggressive and others responded. SO DON'T DO THAT HERE GUYS KEEP THIS THREAD STRICTLY BUSINESS

I notice Kobalt haven't even bothered to change the notice on their site and still have never apologised to their customers.

Thus warranties appear to be extinct

That is not a good enough reason - a fraudster wouldn't keep their bank open either. Ask who the bank is because the bank has to reply to Barclays no matter what. Did you pay direct to Kobalt or via a Payment system such as PayPal?

 

HERE IS A LINK TO THE THREAD WITH ADVICE LINKS FOR DEALING WITH KOBALT COMPUTERS IN FIRST POST http://forum.notebookreview.com/reseller-feedback-forum/617230-kobalt-computers-officially-out-business.html

I advise those who haven't read it to go have a look

 

Lucia, im not taking sides here but i think you will find that the original thread wasnt closed because of aggressive ex members of staff but the unfounded accusations that kept cropping up of theft,fraud etc and a couple of posts of someone maybe going down and sorting them out.
things like that on a worldwide open forum will get locked down.

the website as far as i know hasnt been updated due to legal reasons but as soon as they can a response and update will be posted.

glad to hear that some have had luck with their banks and got a chargeback and i hope there will be more to follow.

as Lucia said keep it strictly business so everyone has a means of communication on this thread to leave feedback about their own chargebacks.

 

Yes, there was lots of silliness (to be polite ;P) that cropped up in the last thread for this... lets keep it sensible!

On suggestion, I've updated the thread title to make it easier to search for and see what it's about.

I don't really have anything more to add, other than to wish those still waiting the best of luck and, as Lucia said, if you think your claim should be good (ie, was made within the 120 days, and you paid by debit card) then be stubborn, and keep taking it to whatever higher levels are necessary. I'm pretty certain that if the chargeback is 'correct', the banks are legally bound to repay your monies... I just expect that some of them don't particularly want to!

 

I also got my chargeback.

 

Little update from me as i just got a letter from Barclays customer relations:

I basically lodged a complaint back in December when my chargeback was reversed disputing the outcome and saying it was unreasonable that they'd do such a thing etc and the nice advisor in the disputes department forwarded the complaint for me. Got the confirmation a couple of days later (but not before collections rang me a billion odd times demanding i start paying the money back immediately).

So i was supposed to have a decision by today, and indeed i got a response, and the outcome is being looked at again, but cos it involved several people/departments they need more time to make a decision again and have given me a new deadline of 2nd February. Coincidently the same time when my payment plan is reviewed again.

 

Just got news yesterday that my chargeback was approved, I will await to see if that is permament or not.

The claim went in the end of october after initial contact with the bank @ the beginning of october.

Checked with account once I got home @ weekend, and money went back into the account before the letter was recieved. So all is good.

Dues hope you get it sorted and keep your chargeback.

 

Cheers BlueSteel. Is yours a final decision or is it like mine where they've given you the money back whilst they investigate? If it is, i'd advise setting it aside.

Update on my situation. Unfortunately its pretty grim. Looks like i'm stuck with this debt now. Customer Relations couldn't do anything cos the disputes department did everything by the book apparently. I've got 8 weeks to see if i want them to review the decision again but i think whats the point? Might as well put this crap behind me and move on. They've mentioned the financial osbudsman if i'm not happy but what can they do?

All in all definitely unhappy, i have to call them to let them know if they can close the case but i'm afraid it might get ugly and i end up just yelling a whole lot of curses down the phone at them for being the **** bank they are. 8 years with them and this is my reward?

Last note: For all the successful people, what did you send as evidence? All i gave them were the emails that confirmed my initial purchase and the subsequent refund and any emails between then. I left out that pdf letter as per Kobalt wishes but in hindsight i maybe should've printed it out and sent it as evidence.

 

Deus I sent a copy of everything I had, which included the saved web pages for my order, from Kobalts website, email confirmations, and a copy of the front webpage of Kobalt computers stating they had ceased trading.

I also sent a copy of the letters that were mentioned in the other thread Before it was closed down. As I had a feeling about 4 days before they closed the site down, I saved everything I could find on their website about my order.

In response the letter I recieved stated that they had managed to recover the funds from Kobalts Bank and they will close the case. But I will double check the exact wording when I get back home at the weekend.

My order was made middle to end of July, so i'm not sure if that has an impact on things, with the way payments were processed.

 

sorry to here that Deus. what ever you do dont give up. if youve still got the pdf then if you think it could help your case then send it.

 

Hi MrDJ,

Firstly thanks for the support. Secondly, who would i send it to? Barclays have basically closed the dispute case and i don't think they'll let me open another one over the same transaction. Customer Relations was a dead end as well.

Still struggling to wrap my head around the fact that not only have i been screwed by Kobalt, but i'm now being bent over by my bank as well for the same lump sum. And not mention i'm likely to not get the money back from either of them now.

Also:

Free company financial check on KOBALT COMPUTERS LTD. Free company accounts. Companies House information

How accurate is that likely to be considering the last report was 2010 and its a free report. I'm surprised they only ceased trading and didn't in fact file for bankruptcy, at least that way i could get the government involved.

 

ive luckily never been in this sort of situation so im not the best to ask. i know my hospital has 4 laptops now without warranty but of course thats nothing compared to yourself and other members that are having a nightmare with the banks and have nothing to show for it.
lucia's original post with all the links is the way to go but as youve been told in a round about way by your bank to bog off im not really sure. maybe citizens advice might be able to advise as it doesnt sound like your bank is helping your case much.
due to legal reasons even kobalt cant update the long overdue update that was promised for the end of october as their hands are tied. ive been promised that as soon as they can they will release a statement.

i would take them free financial check websites with a pinch of salt but as i said im no expert when it comes to financial matters.
wish i could offer more advice but sadly i cant.

 

Sorry to be so slow...

Barclays are not playing fair. If Kobalt's bank haven't made any contestation of the chargeback then there is no reason for Barclays to deny.

The Ombudsman is thee way to go ad make sure you have all your emails letters etc.

See the links that I posted for other cases where the bank tried to deny when an airline went under. Use the wording in the examples offered. The fact that others have not had this problem is a sure sign of Barclays being aggressive in their retention of the money...........

Meanwhile, I note Kobalt never did bother to communicate or change the message on their screen re "further information". Not so much as an apology even. Did anyone hear anything regarding any liquidation or anything? Or dare I say a warranty?

 

as i said before, due to legal reasons they couldnt even change the website page or update it as they had been locked out.
i have had no news since before christmas but will try all my routes of communication again.

 

Well thats the thing, they've not been able to contact Kobalt's bank at all. I'm thinking that being unable to contact them doesn't count as a no contestation as there'd be no communication between the 2 and therefore Barclays wouldn't be able to give me the money cos it could open up some other legal issues on their end involving Kobalt and themselves.

To be honest, i'm trying to put it all behind me now. I have 8 weeks to get in touch with Customer Relations again (already been 4 or 5 weeks now) if i want to explore anything else. But i'm not sure what i'd say to them, they're not allowed to open a new investigation into the dispute just look over the old one again.

I just know once i've finished paying off the money i'm closing my account with them and i've already told them as much. I still can't believe all this has happened. Its quite rage inducing.

 

Deus
could you remove that last bit otherwise the thread will get closed due to forum rules.
we know how you feel but venting it on public forum is a nono.