I disputed an item with my ccc and the dispute is still ongoing. I received a message from the merchant (Dell) stating that as I had not "paid" (even though I paid my ccc) the matter would be referred to a third party. Assuming the ccc does allow the chargeback, can the merchant send this to a collections agency? As generally dealing with Dell sucks, can I just tell them (Dell) that they need to talk to my ccc if they have a problem with the chargeback?
What was the reason for the chargeback? Was it a billing dispute where the amount charged did not agree with the offerred terms? Was the merchandise not received, returned, or flawed? If flawed, did Dell fix it?
The merchandise was flawed, I called to return the merchandise and they refused so I initiated the chargeback. Regardless of the reason, I was wondering what happens if the chargeback is successful. Is Dell allowed to send this to collections because the ccc took the money out of their account? Shouldn't Dell have to deal with the ccc since they are the one's who didn't pay Dell?
Your CC company reversed the charge from Dell at your request. Although that may give you leverage in negotiating an acceptable solution with a merchant, it does not by itself resolve your dispute. Did you notify Dell in writing that the equipment was flawed? Did you notify your CC company in writing of the reason for the chargeback, and did they forward this to Dell?
I notified in writing my ccc which forwarded it to Dell. Dell responded to the ccc and I responded again to my ccc. I am still waiting for Dell to respond to respond to my ccc a second time so that the dispute can be finalized either way.
It sounds like you are saying that Dell can send this to collections if the chargeback is finalized. Is that correct?
They can send it to collections, but that does not make the product they delivered right. The failure of the product to work might also be a defense if they, or the CA, sued. Since they sent the disputed debt for a non-working product to collections, that might require the CA to have been made aware that the debt was in dispute, or it might be usefull in getting the debt sent back to Dell, with whom you probably have to ultimately resolve this. You might want to look up FCBA. How much time has elapsed from when your dispute occurred, to now? What do you have to document your dispute with Dell in writing? In what manner did the product not work? What was the warranty? Did they refuse to provide an RMA number for return of product under warranty?
I am just looking to find out what my rights are in this situation. I started the dispute in January, the ccc pulled the money from Dell on 1/18. I looked at the FCBA which discussed how disputes relate to the creditor. Is Dell considered a creditor? Do you have any other pointers as to what rights I have in this situation?
FCBA provides the rights under which you can dispute with a merchant thru your CC company within the first 60 days after the statement date showing the charge. You did that, and your CC company reversed the charge. They are now out of the picture, other than that they probably documented your reason for disputing and requesting the chargeback. You still have a dispute with Dell, and they can still try to collect on the merchandise sent. Your basis for reversing the charge was presumably that the product sent was defective, and that they failed to fix it. You want to force a resolution of this dispute based on the defective product shipped, not based on a product shipped and not paid for, with the account sent to collection. What do you have documenting in writing your notification to Dell that the product was defective? What do you have to document that they failed to fix the defect, or refused to accept a return?
