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Stevexo
Stevexo, Criminal Attorney
Category: Criminal Law
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Experience:  Thirty years Criminal Defense
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I received a chargeback message from my merchant company, I

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I received a chargeback message from my merchant company, I made the transaction by telephone and I used my merchant INTUIT processor page in the computer, the transaction was authorized, I have the ID number and authorzation number, the amount was $4,985.00 the funds were used to pay a shipping co that the customer chose to use to ship some hvac equipment he purchased from me. the customer asked me to wire the money to the shipping companies bank which I did. Know I'm finding out this was a scam and stand to loose the $4,985.00 if the card company wants it back. I need to know what my options are and if there is anyway to avoid paying almost $5,000 of my money back to cover the money that I already wired? how do I write a rebuttal letter, do you have a sample or can help me to write a good one? I also have a police report from local police financial crimes unit
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Stevexo replied 1 year ago.
Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work. Hi I will be back with you shortly. Sincerely, steve
Expert:  Stevexo replied 1 year ago.
Hi glad to help! These types of scams are very prevalent and any time a person asks for money back out of monies they have sent, you know it is a scam. I cannot write letters on this site, but I can give you the correct legal advice.Your credit card company has an entire administrative procedure in place for you to challenge the charge-back. First you should call them about it. Then ask for their complaint form, each company usually has a standard form they want you to use.Use their form and internal procedure to dispute this, and the fact that it was authorized and you in good faith relied upon this is to be argued against the charge-back. Also if a company like them does not realize something is wrong, how were you to know. If you can present a compelling case why you should not be penalized with this charge back due to fraud many times they will reverse it.Also check your contract with them as many times if there is an authorization code given and there is fraud involved, but not by you, they will insure and indemnify you against this. Make sure you also supply them with the police report. Under the facts of this case and the authorization that was granted you have a very compelling argument against the charge-back, and if you do not timely challenge it you will not be able to reverse it. Good luck, Steve
Customer: replied 1 year ago.

Hello Stevexo


Thank you for the advice thusfar. Here is the email i got from the merchant service co.


Chargeback Reason: Fraud - Processing Error

Dear Merchant,

Your
account has been debited the chargeback amount for the chargeback reason above.
Your customer has received a temporary credit to their account from their bank;
please do NOT issue a credit to their account.

Instructions for
Responding:
If you wish to initiate a rebuttal to this chargeback, send a
rebuttal package to the business address, fax number, or email below by
02-09-2013. Do NOT include photocopies of Identification, Credit Card, or
CVV2.

Your rebuttal package must include the following:

1. A
written and signed rebuttal letter.
2. A copy of this Chargeback Debit
Advice Letter
3. Copy of documentation pertaining to the transaction in
dispute.


 


So they did not provide a form to fill out but sounds to me they say a hand written letter is what they require. so what should i include in this letter, a few starting lines is what i need.


Also if able to use my cell is XXX-XXX-XXXX


Thank you


Stuart G

Expert:  Stevexo replied 1 year ago.
Sure I can give you the basic letter as the site did not disclose your cell phone number, as we cannot list this type of personal information on this site. I would state as follows: Dear Sir/Madam, This is my formal letter to contest the wrongful charge-back which occurred on x date. This transaction should not result in a charge-back to my account as to do so would violate the terms our contract for services and result in a windfall to the customer for committing fraud, and having me act and expend funds in reliance upon it. There is no fraud on my end, and the transaction was entered into in good faith by me. Legally I can rely on the authorization to assume the funds are mine and have cleared and that they are subject to distribution at that point. Had you not provided an authorization number, I would not have so acted in good faith. My reliance on said authorization to my detriment should not result in my account being subject to the charge-back and in this situation your company is in a position to indemnify me due to fraud that was unknown to me, yet should have been identified by your company prior to authorization. I have included all of the needed documents, and would appreciate you getting back to me on this issue as soon as possible. Please note I have also included the police report to substantiate my claim. Sincerely, XXXXX XXXXX is a good basic outline for the letter. Good luck, Steve
Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience: Thirty years Criminal Defense
Stevexo and 4 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

Steve


I am very pleased with the suggestions and the direction you've pointed me in. (careful not to label as advice) After reviewing the (great attention to detail) answers you provided me I have a better understanding about the situation. If i'm able to i'll let you know how it all turns out.


Once again Thank you


 


Sincerely


Stuart Gregor


nine seven two 3 eight 8 for4 to 8

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