In scenario #1, you're stuck. You made the credit final. And that's the end of it.
In scenario #2, I come to the same conclusion, BUT I subscribe to the belief that you can recapture the credit that the merchant provided directly to the consumer on a double credit (unjust enrichment) basis.
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John S. Burnett
BankersOnline.com
Fighting for Compliance since 1976
Bankers' Threads User #8