Not upheld: chargeback handling - merchandise not received complaint against TSB Bank plc

Decision detail

Summary

Miss L purchased goods for £288 using her TSB debit card from retailer K but claimed she never received them. TSB raised a chargeback under the 'merchandise not received' reason code and applied a temporary refund. The retailer defended the chargeback with photographic evidence showing delivery to Miss L's address with acceptance by an occupant. TSB decided not to pursue the chargeback further based on this evidence. Miss L complained that the person accepting delivery was her unauthorised cleaner and that she had not selected a 'safe place' for delivery. The ombudsman found that TSB acted fairly as the evidence showed successful delivery to the correct address by an occupant, and pursuing the chargeback further would not have been likely to succeed under Visa rules.

The Ombudsman's reasoning

The ombudsman found that the photographic evidence clearly showed goods being accepted at the correct address by an occupant, which constituted successful delivery under the chargeback rules. The identity of the person accepting delivery was irrelevant as the goods were delivered to the correct address and received by someone present. TSB correctly followed the Visa chargeback process and timescales, and pursuing the chargeback further would not have been likely to succeed given the evidence provided by K. The ombudsman also found it reasonable that TSB took time to internally review K's response before deciding what action to take.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website