Forum

credit card chargeback
 

unrelated to ebay and paypal, what is time limit to chargeback on credit card?

about $4000 went by credit card to an agent, who passed it on to a company that subsequently went bankrupt, cant sue bankrupt company, but want the money back from agent who is still going, problem is this happened 18 months ago.....is credit card liable? This is for a property that wasnt built, a holiday home...

In the UK we have 180 days from payment to file a claim with the credit card.

Now, I know the rule is different for airline tickets, ie book now for next August, you have 180 days from travel....

So you might have a chance, why do you now want to do a chargeback, that would help knowing that.

Was there a written contract? If so was it between you and the builder or between you, the builder and the agent? Was it made under UK contract law or EU law?

Maybe I can help here (while looking for help for my ebay/papal fiasco) -- in the US it's approximately 180 days (with beating up the credit card company) to try and file a chargeback, yet it can be done. Within your time frame of 18 months, you'd have to start a civil action, probably in Supreme Court since it's over $3,000 (the limit of many small claims actions). The credit card company would be free and clear and not obligated (nor would they) return the money. They (the 3rd party) would probably use a defense called the "agent for a disclosed principal" defense which depends on the judge if you win or lose. I'd say you'd probably lose. I'd talk to an attorney about this more in depth though. No, I'm not an attorney...JUST BEEN THERE in your shoes and has an EXPERIANCE education with two years of pre law that just helped to make me sicker and sicker as I went along in my own fiasco when something similar happened to me.

GOOD LUCK

this credit card payment was made 18 months ago to the agent, another sum (far larger went to the builder by tt, thats lost now I fear).

No, not in UK or Europe, Id rather not say where other than pm but anyway under their law, full written contract with builder (a big builder, so it was not a fly by night company)
this credit card payment was to agent and passed by them to to builder. Agent (again leading agent)is in UK and still running, and still shockingly advertising the properties!!

So its 180 days? , reported claim within 180 days but nothing in writing, the reason waited so long was there seemed to be movement with another builder taking project over, but credit crunch stopped all that...

Hmmm, an English agent? Is he a Real Estate agent? If so, you might have redress with The Property Ombudsman. At the very least, a talk with them costs nothing. They could give you more definitive advice.