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Old 05-29-2021, 04:58 AM   #520
MilanX3
Nexus Maximus
Join Date: Sep 2014
Location: Ontario
Posts: 2,056
Re: Northmen Collectibles NMC Toys - not impressed

I last checked in here when it was on page 18, its now on page 52 and its sad that so many have had so many persistent and serious issues.

When doing chargebacks, better to go though your Credit Card before Paypal, if your CC is linked to Paypal, the Bank and Credit Card companies have control over the payments and Visa International are more customer focused. The process is not laborious in my experience, and is worth the time. The bank or Visa etc do the investigation, you just need the dates, the amounts and time you were reasonably expecting to have items sent to you.

Dont spend to much time with the tellers...escalate it to the the REsolutions or Fraud department. If you dont get the right answer from their Resolutions Department staff, ask to speak to the supervisor. From what I have been told several times, the date the dispute begins/starts the day you were suppose to have the item posted to you, not the date your paid and ordered it. For example, if your preorder date was agreed to as being 8 months after the pay date, the dispute would be taken from the day the preorder was suppose to be sent, not the payment date. Some staff dont understand the rules or are unhelpful, but problematic people almost always have long records so insist they apply your rights. Asking the investigator from Resolutions to view this thread may also help.

Transactions are contracts, so if someone operates in bad faith and frustrates the contract and terms that were agreed to, it doesnt mean they win on conditions they created in the agreement. If that was the case, people would just lie, create a scenario to terminate the contract and take all benefits from it. Any charges laid can only be applied in reason. If the frustration of the contract leaves one party with nothing, and was based on a lie or knowledge the contract would never be performed on, then it might be considered as theft or fraud. The courts will never reward someone who broke the law they are asking to be protected by...The concept of caveat emptor, or buyer beware doesnt permit deception in agreeing to a contract of purchase, it means you need to take reasonable steps to ensure you understand a situation you agree to and that issues were not intentionally hidden in the inspection process. When making a claim, you might want to ask if under your circumstance the representative at Paypal or Bank may consider it a fraud, that affects the limitations on many occasions as Banks dont want their customers having their money stolen, as they lose from it as well. Insist on every last cent, as if the seller cant perform the contract, they broke the agreement and the onus is on them to compensate.

Reporting to institutions of a Province of Federally or BBB is good, but they have limited powers. You see BBB simply puts the information to the public, and boards like the one here is a great service to whatever community we represent here. Fraud agencies may give guidance on where to go, but like an institution like diabetes Canada for example, they will not provide you with insulin either. Police departments do have fraud bureaus however, and fraud is considered a violation of the civil code and criminal code depending on the degree of severity and damage to the public. It might be worth contacting all options if you believe you have been a victim of fraud. Seeking legal counsel is also and option for civil violations, and a lawyer may take a case if many people lost money and in significant amounts. It would be helpful for those who did get all of their money back to make it known to the community, those who have partial losses to make it known as well, and for those who wholly lost items and orders to make it known, as if it is severe there can be a request made to an attorney for a group of us.

All of these institutions work to ensure contracts are followed and agreements are not abused. I've worked with many small businesses over the years as what is going on here is not common, normal or in any way acceptable.

Regarding the attitude of people, once a dispute is commenced, please ask the Resolutions Department for their contact information where the seller can address their concerns and vitriol, as at that point your onus to communicate has been exhausted and no one deserves the opportunity to verbally abuse, insult or threaten you further. I strongly suggest giving such documentation to those agents helping you mentioned above. You shouldnt be forced to not be polite or have to choose to be aggressive in defending your honour because of how a small business owner chooses to run their company. That is simply emotional abuse and is an ugly manner to treat anyone. Zero tolerance is the best policy on this issue.

Last edited by MilanX3; 05-29-2021 at 05:08 AM.
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