I screwed up big time. This dispute was my first time ever to dispute. I didn't even know I could do one until told by Paypal rep. Story: I bought an expensive electronic item online a while back using Paypal as payment. It was shipped to me a lot later than promised initially. There were multiple payments involved as well. I got the item 2 months ago and the item failed soon after arrival. I called the merchant to ask for a refund but they wouldn't let me. I also sent the merchant an email asking for one but they still won't let me returned the item. I didn't contact the merchant at all afterward. I called in to Paypal to see what they can do but they wouldn't help me because I was out of the time period. Instead they told me to go through my CC provider, which is Chase. I called Chase to dispute the charges created from that item. I received their letter to submit information. I felt overwhelmed with the whole situation and so I pushed it from my mind and forgot all about the letter (I'm working on alleviating this serious personal flaw). I went on vacation Dec 14, 2013 and got back Dec 31, 2013. I picked up all my mail then and I am pretty sure I didn't see any mail from Chase. I got my mail again on Saturday, 01/04/14, and put it on my table where I usually put mail. I then looked at the mail on the table and saw a letter from Chase. It told me I lost my dispute because they couldn't contact me. After a period of berating myself about this whole situation (I'm still pissed at myself; I'm such an idiot), I did some research to see what my options are at this point. It seems I have 10 days from the day I receive the letter to appeal. The envelope has a red Pitney Bowes ink stamp dated December 24, 2013. Letter was dated December 23, 2013. I'm pretty certain the letter is from the mail I brought in on Saturday. I want to appeal the decision, however the letter didn't say anything about that process. I assume that I can still appeal? Assuming I can appeal, based on the envelope date, I am afraid that I somehow missed the 10 day window for the appeal. However, I recall that the previous letter from Chase also had a huge lag time between letter date and when it got to me. Do I have 10 days from Saturday? I plan to send in my appeal by certified mail ASAP after compiling the information. I'm definitely going to send an email and letter to the seller stating that the item is available for return pickup. What else should I do to maximize my chance of success in this appeal process? Should I send pictures to help in the appeal? Should I find someone to write a letter to certify that the product is broken? Thank you for your help.
Whatever evidence you can provide, do so. I wouldn't beat myself up too much over this. You only lost because you weren't there to answer some of their questions, not because the sellers case was stronger. With a postal date of 12/24 you're really just a few days past 10, and who's to say it's not Business Days. Especially with the holiday, that would make today day 7.
The caselaw says that mail is presumed received 5 days following the date of mailing. December 23rd is the letter date, the postmark date of December 24th, December 25th & January 1st would be eliminated, January 2nd would be the date that mail would been presumed to have been received. Even by that date, it would look like you have until January 15th to dispute. I would begin by stating that it's in regards to the letter dated 23rd, postmarked the 24th, and received January 4th. Again, it should still be in the time-frame up until the 15th, but you want to memorialize the date you received it.
After posting this, I was very anxious and went to sleep in order to clear my mind. I got some interesting dreams relating to this situation. I called Chase just now and told them the situation as described. The CSS read the letter sent to me and immediately told me to fax in the information and they will look at it. After asking her if it would be an appeal how something else, she told me it is a re-dispute. I plan to call in and double check with another CSS to be sure. It seemed important regarding their ability to go after the merchant for the amount. I pray that God will help me succeed in this and help me overcome my horrible habit/defense mechanism.
