Customer Repeat Refund Abuse - Distance Selling Regulation

Skiny

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Dec 1, 2010
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I have an online shop/website, selling good to the public and am having trouble with what I suspect is probably a competitor.

The "customer" in question keeps buying my products, then immediately asking for a refund. After I refund him, he buys the exact same product again and requests another refund. He demands a refund immediately after making payment, each time.

Needless to say this costs me money, as the transaction fees are non-refundable by the payment processor. So far, 9 products have been bought/refunded within the space of just a few days, with no sign of it stopping. The payment processor say they can't block his card.

Is there anything anyone can recommend in this situation? If tell him he's no longer welcome to purchase products on my website and he continues to do so, are the distance selling regulations still applicable? Could a small fee be deducted from him each time?

Thanks for any help.
 
Would love to, but there's no option to do so.

The payment processor also can't/won't do it. So I'm left with no choice but to continually refund him.
 
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There's no option to block buyers on either my website (he'd just use another name anyway), nor via the payment processor.

Ideally, I'd like to block his debit card from being used. But the payment processor doesn't support that option either.

So I'm wondering what my position is legally.

Can he be charged a small fee, to cover the costs, if I inform him of it first and after he's been told not to place further orders?
 
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Most (good) exom systems records the IP address of the transaction - block that.

Ensure you tell the card provider that these are fraudulent transactions. the cards they are using have to be in their name, so if the name doesn't match the card and the transaction is going through, there is a more worrying issue.

Tell the payment provider of they do not bann the card you want the charges cancelled or you will take them to court for costs.

Change your payment provider.

Without incurring legal costs, not a lot else rondo.

BTW, who is the ecom platform and payment provider?
 
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Needless to say this costs me money, as the transaction fees are non-refundable by the payment processor.
Not sure of a long tern solution, but if as you say, they're using a debit card, then you should be able to *void* the transaction before the day is out (i.e. settled) and not incur any fees.
 
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Can you change your method of payment to only take the money when you mark the order as dispatched? If so then when they cancel no money has been taken and thus presumably no fees.

Otherwise how much are we talking about ? both actual order amount and fees incurred.

You have to refundthe full amount, but you can take up to 14 days. It is not unreasonable to delay refunding in this case as you can say that it is suspicious activity and needs investigation. If it is significant money then this could give your competitor cash flow or credit limit problems.

Further look into your ecommerce system. It may record the IP address of this buyer. Talk to your host and get that IP banned from accessing the system.
 
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Not my field but this sounds more like the behaviour of a buying bot than a competitor.

If it is a person why are you making their life easier by doing all the work ?

Yes, you have to give a refund within 14 days but...

1, Do you have to acknowledge their request for a refund ?
2. Do you have to action the refund before the 14 days are up ?
3. Do you need to inform them that a refund has been issued ?

Keep them guessing and force them to keep checking.
 
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If he IS a ompetiitor and so buying for business purposes and is , therefore, not a consumer, he is not entitled to cancel (save of course for fault/misrep[resentation) . You should , therefore, not refund. , Inform the card companies the reasons so they do not, If price over £100, refund themslves under s75 of the Consumer Credit Act
 
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If he IS a ompetiitor and so buying for business purposes and is , therefore, not a consumer, he is not entitled to cancel (save of course for fault/misrep[resentation) . You should , therefore, not refund. , Inform the card companies the reasons so they do not, If price over £100, refund themslves under s75 of the Consumer Credit Act

Huh, that's an interesting thought. I've had this a few times, competitors trying to buy my stock to sell it on at a higher price. I shall keep this in mind, thanks!
 
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You could always write to him saying that in view of his buying history you will be applying a £50 handling charge to all future purchases, and that continued purchasing from your website will be deemed acceptance of this additional term. Then if he buys another product send him an invoice for the £50.
 
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He demands a refund immediately after making payment, each time.

Change your Ts&Cs so that buyers are responsible for the return postage cost when they decide they simply don't want an item.

Then tell him:

Sorry, your order is already in the system and past the point of cancellation.

If he has changed his mind he will need to wait for delivery and then return the goods at his own expense,

You will process the refund on receipt of the return, less the shipping costs.

Make sure your shipping costs cover the transaction fees.
 
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Thanks to everyone who's replied

Most (good) exom systems records the IP address of the transaction - block that.

Ensure you tell the card provider that these are fraudulent transactions. the cards they are using have to be in their name, so if the name doesn't match the card and the transaction is going through, there is a more worrying issue.

Tell the payment provider of they do not bann the card you want the charges cancelled or you will take them to court for costs.

Change your payment provider.

Without incurring legal costs, not a lot else rondo.

BTW, who is the ecom platform and payment provider?
I found an option for IP blocking, so will be giving that a go, thanks for the suggestion!

The card is in their name, so it's pretty strange, but will be informing the payment processor anyway.

Platform is Shopify and the payments are through Stripe (partnered with Shopify).

Not sure of a long tern solution, but if as you say, they're using a debit card, then you should be able to *void* the transaction before the day is out (i.e. settled) and not incur any fees.
I did ask them about this, and fees still apply, even if the payment isn't "captured" and I cancel the order beforehand. Ridiculous, but unfortunately their rules.


Can you change your method of payment to only take the money when you mark the order as dispatched? If so then when they cancel no money has been taken and thus presumably no fees.

Otherwise how much are we talking about ? both actual order amount and fees incurred.

You have to refundthe full amount, but you can take up to 14 days. It is not unreasonable to delay refunding in this case as you can say that it is suspicious activity and needs investigation. If it is significant money then this could give your competitor cash flow or credit limit problems.

Further look into your ecommerce system. It may record the IP address of this buyer. Talk to your host and get that IP banned from accessing the system.
Yeah I did look into manual payment capture, so the payment is only authorised, but apparently they will still charge fees, even without capturing the payment. Not sure how they can justify that.

It's not a huge amount of money, but it's near enough an order (or two) every day. He's spending £75-£150 per day, so it's not a huge amount of money involved regarding fees, but I could certainly do without it. Nothing to stop him switching to higher priced items and costing me a more significant amount though.

His first orders were refunded immediately, as I do for anyone who asks for a refund. But since he's started doing it repeatedly, I've been doing as you suggested, delaying and not informing him of anything.

As you and Paul Kelly suggested, I'm going to try IP blocking to see if it stops it.


Do you know which competitor it is?
No I'm not sure, and it was only a guess that it was a competitor. I can't see why else anyone would be so motivated to do it.

Not my field but this sounds more like the behaviour of a buying bot than a competitor.

If it is a person why are you making their life easier by doing all the work ?

Yes, you have to give a refund within 14 days but...

1, Do you have to acknowledge their request for a refund ?
2. Do you have to action the refund before the 14 days are up ?
3. Do you need to inform them that a refund has been issued ?

Keep them guessing and force them to keep checking.
I thought maybe a bot too, but his cancellation requests have through on multiple platforms (not just email), so made me think there's an actual person behind it.

Very good point on taking my time and not informing him. Will be doing just as you mentioned and making him work for it.

If he IS a ompetiitor and so buying for business purposes and is , therefore, not a consumer, he is not entitled to cancel (save of course for fault/misrep[resentation) . You should , therefore, not refund. , Inform the card companies the reasons so they do not, If price over £100, refund themslves under s75 of the Consumer Credit Act
It was only a guess that he's a competitor, and not easy to prove that's the case. The only thing that maybe could suggest he's operating as business, is the fact that he keeps buying the same item repeatedly - systematically and clearly not acting as a private individual. Though I doubt the law would see it that way.

You could always write to him saying that in view of his buying history you will be applying a £50 handling charge to all future purchases, and that continued purchasing from your website will be deemed acceptance of this additional term. Then if he buys another product send him an invoice for the £50.
I'd really like to have done this, and almost did, but as far as I can tell, the Distance Selling Regulations would override it. I'm not sure where the law would stand in this case, but I'd guess with the customer.

Change your Ts&Cs so that buyers are responsible for the return postage cost when they decide they simply don't want an item.

Then tell him:

Sorry, your order is already in the system and past the point of cancellation.

If he has changed his mind he will need to wait for delivery and then return the goods at his own expense,

You will process the refund on receipt of the return, less the shipping costs.

Make sure your shipping costs cover the transaction fees.
That's a possible option too. Assuming he doesn't steal/damage the item, which is a concern. But would definitely put an end to it once it begins to cost him. I'll keep that idea in mind.
  1. if he buys the same product every time, immediately, what happens if there is no more stock?
  2. can you apply some sort of restocking fee?
When stock runs out, it would prevent him buying that item, but I suspect he'd just switch to another product.

As far as I can tell, it's not legal to apply a restocking fee, when someone just wants to cancel a transaction.
 
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As you have his address you can send a letter to the address saying something like you suspect that any potential scammer has stolen the credit card set and is using that address putting through transactions and cancellations on a possible attempt to validate the card details. Suggest that they cancel the card and mention that you have told the card provider and the police and asked them to check.
 
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I have an online shop/website, selling good to the public and am having trouble with what I suspect is probably a competitor.

The "customer" in question keeps buying my products, then immediately asking for a refund. After I refund him, he buys the exact same product again and requests another refund. He demands a refund immediately after making payment, each time.

Needless to say this costs me money, as the transaction fees are non-refundable by the payment processor. So far, 9 products have been bought/refunded within the space of just a few days, with no sign of it stopping. The payment processor say they can't block his card.

Is there anything anyone can recommend in this situation? If tell him he's no longer welcome to purchase products on my website and he continues to do so, are the distance selling regulations still applicable? Could a small fee be deducted from him each time?

Thanks for any help.
I’ve had this done to me. Firstly you need to ‘find’ their company. Then you tell them this is a Business to Businness transaction and all distance selling rules etc go out the window! Unfortunately, it might just be a hater.
The laws protect consumers not businesses , so tell him/her no furthe refunds will be given. If you use PayPal tell them the problem and if you get lucky they might refund your fees. Contact your shop provider and see if they can block their IP address if you can find it. I wouldn’t get into any social media mud-slinging as it might backfire and looks unprofessional.
Just remember, they are obviously doing rubbish right now to have this much time on their hands. - tell them to put more effort into their business and they won’t have to bug you! Good luck
 
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Do distance selling regulations entitle them to get the shipping cost refunded? If yes, then what about a restocking fee?
 
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Do distance selling regulations entitle them to get the shipping cost refunded? If yes, then what about a restocking fee?
Yes but only if the T&Cs put liablity for return shipping on the consumer. (and such T&Cs are binding throgh the click navigation - "I agree etc")
 
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Yes but only if the T&Cs put liablity for return shipping on the consumer. (and such T&Cs are binding throgh the click navigation - "I agree etc")
The customer (retail not b2b - they get virtually no rights!!) can be liable for return shipping fees if you put it in the T&C, but the outward shipping is borne by the seller if they return ALL the items in the order. If they keep anything in the order (including a free gift), you do not have to refund outward shipping costs. You also do not have to return outward shipping costs if they use an expedited service. Technically you should refund the difference between 'normal' delivery and expedited costs. Many big companies do not return any shipping costs, and they leave it to the customer to write to them and tell them their rights, and how many bother to do that!
 
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Many big companies do not return any shipping costs, and they leave it to the customer to write to them and tell them their rights, and how many bother to do that!
Sports Direct, I am looking at you, unless you have changed your practices.
 
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Add the Carrier Shipping API to Shopify

Then use a custom shipping option to block his address. No shipping rates means no purchase.

We custom code these for all our customers, it gives them flexibility. One client ships to a certain type of business and Royal Mail never track the delivery, we just change the coding to only offer a full tracked service.

Darren
 
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