What to do when SP responds to your chargeback!

Found this on Talkgold. For those who have submitted a chargeback against SP, please take note.

SP's hope is that you will just give-up at their first contestment. But their contestment is only one step in a series of steps within the dispute process. Visa, Mastercard, and your bank, are very familiar with the process. Here is the process:

*Dispute Steps (Summary Handout)*

The High Level Steps in the Dispute Process:

1. The Cardholder/Bank Account Holder reports the dispute.
2. The Dispute Analyst reviews the request and either places the charge in Dispute, or denies the request. If the dispute seems valid and is under the write-off limit, the Dispute Analyst has permission to write it off.
3. N/A
4. N/A
5. A *Chargeback* is requested by the Dispute Analyst (a "Provisional Credit" is issued in the mean time.
6. The Merchant can request a *Representment* if they disagree with the Chargeback. If they agree with the Chargeback, they issue the credit. *This is where you are at right now. A Representment is when the money is taken back. * *Your job now is to get your Dispute Analyst to do a "Second Chargeback" (see how to do this below).*
7. The Dispute Analyst can request a Second Chargeback if they still don't agree with the charge.
8. The Merchant can request *Prearbitration* if they still don't agree with the charge.
9. If the Dispute Analyst has enough documentation and facts, they will disagree with the prearbitration.
10. The Merchant decides whether or not to enter into *Arbitration*. This costs filing fees ($150) and technical fees ($100 per technicality).

Okay. So with me, SP already contested my dispute and has requested a "Representment". You have to be ready to convince your Dispute Analyst to do a Second Chargeback. You do this by submitting extra, and more concise information on what SP did, and didn't do.

As part of that information inform your Dispute Analyst the following:

*Dear Ms/Mr.surname here (Dispute Representative/Analyst): Since a
Representment by the merchant has been initiated, if necessary, and upon
your concurrence, it is my desire that a Second Chargeback be done.
Ultimately, I am willing to wait as long a takes, even if the merchant
chooses Prearbitartion and on through to the Arbitration phase where a
neutral third party will hear facts from both sides. *

**Accordining to the SEC's Kelly Bowers (Click
Here)SP
continues to hold your funds today, and, the latest, March 27th "Civil
Minutes" Order reinstated your right to file a dispute under applicable laws
and regulations, including without limitation, the Electronic Funds Transfer
Act, Federal Reserve Regulation E, the Truth in Lending Act and Regulation Z,
and applicable ACH rules, including the NACHA Rules and Federal Reserve Bank
Operating Circular 4. My filed dispute with Stormpay.com based on a breach
of these applicable laws.*

Always remember the basis for your dispute, and, at all times, keep that
basis foremost in the mind of the Dispute Analyst. Don't get lost in the
details. Here is the concise basis of your dispute (not necessarily in this
order):

*1)* *"Undeliverable Services"**:* Failure to deliver service agreed upon.

*Example:* You "authorized": *$1 to SP *- *SP to 3rd party* (*same $1*) - *3rd
party to SP *(*same $1*) *(It was at this point where SP interfered with the
return of, and intercepted that same $1)*. -*SP to you*.

*2)* *Money Transmitter License**:* Was conducting business in your state
(country?) illegally, and in violation of their 2003 Cease & Desist Order.

*3)* *"Unauthorized Use"**:* *Applicable Laws i.e. Regulation
E**:*Interfered and intercepted your money.

*4)* *Deceptive Practice**:* Stormpay & NetIBA (and, may be considered
fraud).

For whatever reason you give to the Dispute Analyst, s/he has to in turn,
match that reason up to a certain code. One of the four reasons given above
should match one of her/his codes.

When or if your "Provisional Credit" is taken back, say to the Dispute
Analyst, *"Doesn't any of your codes match any of the four basis for my
dispute? *

BTW, so you get an idea of the dispute time frame, here it is:

*Chargebacks*

*Visa (U.S.) / MasterCard (U.S.)*
118 Days for Issuer to Key in Chargeback
45 Days for Merchant to Contest Chargeback
45 Days for Issuer to Key in Second Chargeback
45 Days for Merchant to File Arbitration

*Visa (Foreign)*
118 Days for Issuer to Key in Chargeback
60 Days for Merchant to Contest Chargeback
60 Days for Issuer to Key in Second Chargeback
75 Days for Merchant to File Arbitration

*MasterCard (Foreign)*
118 Days for Issuer to Key in Chargeback
45 Days for Merchant to Contest Chargeback
45 Days for Issuer to Key in Second Chargeback
60 Days for Merchant to File Arbitration

Click Here to see a more in-depth
explanation on the Dispute Process.

Report back to us and tell us how it went.


Note: This only applies to legit claims. I am not advocating fraud in any
way. Pretty much the same process applies no matter what merchant you are
dealing with. Even if you don't use it now, it is good to know for the
future. "Me" refers to guy named Helper. I have not done this myself, and
fortunately I will not need to.