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Thread started 14 Feb 2009 (Saturday) 12:43
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Debit Card Users: BEWARE!!!

 
MDJAK
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Feb 14, 2009 12:43 |  #1

So, I'm a bit upset. Not very, but a little. I paid with my debit card, thinking it offered the same protection as a credit card, and found out otherwise.

I purchased a piece of gym equipment over the telephone from a company called Body Masters located in Rayne, Louisiana. www.body-masters.com (external link) They make professional gym equipment and their client list includes LA Fitness, etc.

The amount was $845, which included $200 for shipping. This was on December 2, 2008.

I was told it would take 4 to 8 weeks for delivery, as it comes by tractor trailer and they have to have deliveries in this area. So, I wait about 8 plus weeks and call the company.

You guessed it: They must be a victim of the economic slump. No one answers their phone, they don't respond to emails. I've called the Attorney General of Louisiana, the Secretary of State of Louisiana and the US Atty to try to get some information, all to no avail.

I visited my bank who informed me that because the transaction is over 60 days, they can't help me. Well, we'll see about that, because when I asked them to show me that in writing, they gave me some disclosure which did not absolve them as far as I'm concerned, so I will be seeing them in small claims court.

Just a word to the wise: Be careful whom you buy from, whom you pay, especially in these troubled times. I'm fortunate that the loss of this money, if it does turn out that way, will not make or break me. As I said, I'm not thrilled it happened, I plan on fighting to get it back, but time will tell.

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timbernet
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Feb 14, 2009 12:55 |  #2

I might be wrong here, it has been awhile since I talked to someone about it...

A debit card does not give you the buyer protection a Visa card does - BUT, that is for transactions ran as a debit (PIN) transaction. If your debit card carries a Visa logo and you run a pin-less transaction then it is run as a credit card over Visa's credit card processing network. There are two separate networks - a debit and a credit. If your card has a Visa logo, call Visa for your claim, not the bank. It is Visa that backs the purchases run through the credit network and your bank does the debit....




  
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MDJAK
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Feb 14, 2009 12:59 |  #3

It actually has a Mastercard logo, but that may be very helpful. It was not a PIN transaction. I will do that. Thank you.




  
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number ­ six
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Feb 14, 2009 13:04 |  #4

Hmm. I do use a debit card. For online purchases it's always as a Visa card, no PIN. Watching with interest...

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MDJAK
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Feb 14, 2009 13:26 |  #5

Just got off the phone with Mastercard customer service. Zero help. Referred me back to my bank. According to Mastercard's website, they do not issue debit cards, the bank does. Had it been a gold or platinum debit card, something that my bank does not even offer, I may have had some type protection.

The saga continues.




  
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Feb 14, 2009 13:30 |  #6

I can only comment on how things work in the UK (and I'm by no means an expert).

Whether or not your company has ceased trading, then the small claims court is the way to proceed. If they're shirking their responsibility to you, then the court will shake them up. If they've ceased trading, you'll be listed as being a creditor, but low down on the list of priorities after the bank/stockholders/staf​f. If there's any money left, you get a share along with the rest of the out-of-pocket customers.


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MDJAK
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Feb 14, 2009 13:42 |  #7

truthfully, I don't want the money, I want the piece of equipment, which I'm quite sure they've got a warehouse full of.




  
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xarqi
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Feb 14, 2009 17:55 |  #8

MDJAK wrote in post #7324777 (external link)
truthfully, I don't want the money, I want the piece of equipment, which I'm quite sure they've got a warehouse full of.

That's an interesting point.
Since, presumably, the item was in stock at the time they took your money, and it was just awaiting shipping, it is yours.

You may need to track down exactly who now has control of the company's stock and make a claim with them for the return of your property.




  
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theduck365
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Feb 15, 2009 16:15 as a reply to  @ xarqi's post |  #9

Check with the better business bureau in the are where the company is located. The BBB report on the company usually has owner names and telephones. I had the same thing happen to me with another company, I got the BBB report did a background search on the owner, got her current address and had the Clearwater, Florida PD deliver a notification of suit. Needles to say, I got a check about a week later.


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Mark ­ Vuleta
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Feb 16, 2009 03:14 |  #10

Now that is disheartening Mark, how could they do that to the new poster boy for the abominser,....ops, sorry adominiser (must get that spell checker fixed) :oops: :rolleyes:

In relation to what xarqi said, it may have some merit but depending upon whether they have paid the supplier for the goods sold to you. Not sure how your laws regarding sale/ownership & receiverships go, but generally, the goods remain the property of the supplier until such a time as they are paid for in full. Only then, does ownership transfer to the retailer. The proceeds of any such sale of the goods is supposed to be held in trust for and on behalf to the supplier if they haven't been paid for previously. It may be an option or maybe it isn't. Find out who the receivers/liquidators are, get on side with them and make the enquiry.

Alternatively, find out who the suppliers are and if they are going to do a repossession, make them an offer so at least they get a bit of recovery.




  
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neilwood32
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Feb 16, 2009 08:21 |  #11

As far as i know (certainly here), the goods are yours as soon as payment has been transferred (which has happened). However what hasnt happened is the delivery of the goods.

I would speak to the receivers and explain your situation to them. They do not have a right to your goods. You may have to arrange for transportation however as the company will not be interested in doing that for you.

Summary - speak to the receivers and they should sort it all out.


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steved110
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Feb 16, 2009 08:32 |  #12

I only ever pay on-line with a credit card. I almost never use a debit card, even in sores, for the simple reason that if a debit card is cloned, the money is taken out of my bank account and I'm left to argue in the face of an empty account! Even if I get all the money back in time, I've still got a problem.

If a credit card is cloned, all the thieves are taking is the banks money.

In addition in the UK there is very strong consumer protection wiutyh credit transactions, and much less for debit transactions.


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condyk
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Feb 16, 2009 11:43 |  #13

Yeah, I usually pay with debit straight from my Bank account, but that is a bit dumb as I can just as easy pay with my bank issued visa card and transfer the cash in to it from my current account to avoid interest. A good warning Marky and Stevo! Good look Marky, but you way too ol' to grow muscles now boy!


https://photography-on-the.net …/showthread.php​?t=1203740

  
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MDJAK
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Feb 16, 2009 20:08 |  #14

Nah, ain't trying to grow them, just trying to keep the little I got. :lol:

Tomorrow when I return to work from a nice five day weekend, I'll file a police report as my bank requested, write a certified letter, and produce the email between the company and me.

We shall see.




  
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T.D.
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Feb 16, 2009 21:17 |  #15

Doc, what happened to the Thigh Master you've been using for the past several years? Break it?



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Debit Card Users: BEWARE!!!
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