Claiming compensation on credit card

drphibes · 22 October 2005 at 10:06PM

Hi

I have a Halifax flat rate credit card and ordered a Sony psp from yesasia.com in Japan.
The order went through fine and I recieved my psp from yesasia via the UPS courier service.
Sadly box that the psp came in was damaged and on opening up the psp I found that it would not read any discs.
UPS collected the package to inspect the item and after 5 days confirmed that it was damaged and they would accept liability for this.
I have now been waiting for 10 days for UPS to send the psp back to yesasia and it is still here in the uk.
UPS have told me yesasia must request the package back and for some unknown reason they seem either unwilling or unable to do this simple task.
My order was placed with yesasia 22 days ago and I feel I have been very patient with them when it comes to them sending me a replacement psp but they will not resend my order until the have the original one delivered back to them.
Obviously they will never ever recieve the psp back if they do not contact and arrange this with UPS so I was wondering if I could possibly claim the £175 charge it cost me back of the Halifax credit card I own?.
I have looked on the Halifax website and I found some text stating that the card protects me from online fraud but I am not sure if my current situation would be covered.

Any help on this situation would be really welcome.

Thanks

Drphibes

YorkshireBoy · 22 October 2005 at 10:20PM

drphibes wrote:

I have looked on the Halifax website and I found some text stating that the card protects me from online fraud but I am not sure if my current situation would be covered.

Any help on this situation would be really welcome.

Check your credit agreement or the current T&C's on the Halifax website, and you will see the following with respect to the Consumer Credit Act 1974...

"IMPORTANT - READ THIS CAREFULLY TO FIND OUT ABOUT YOUR RIGHTS
The Consumer Credit Act 1974 lays down certain requirements for your protection which should have been complied with when this agreement was made. If they were not, Halifax plc cannot enforce this agreement without getting a court order.

The Act also gives you a number of rights:

1) You can settle this agreement at any time by giving notice in writing and paying off the amount you owe under the agreement.

2) If you received unsatisfactory goods or services paid for under this agreement, apart from any bought with a cash loan, you may have a right to sue the supplier, Halifax plc or both.

3) If the contract is not fulfilled, perhaps because the supplier has gone out of business, you may still be able to sue Halifax plc."

Perhaps you should contact Halifax to see what they consider to be a reasonable period to allow for the collection of your goods before escalating matters?

grumbler · 22 October 2005 at 10:49PM

drphibes wrote:

I ...ordered ... from yesasia.com in Japan....

YorkshireBoy wrote:

...with respect to the Consumer Credit Act 1974...

Martin's Consumer rights :

This used to be valuable protection if you’re buying goods abroad as it’s much easier to take a claim against the credit card company than a foreign company. Unfortunately a recent court ruling (discuss it) means it no longer applies to goods bought abroad. This ruling is likely to be appealed on challenge by the OFT, and some cards are still honouring it in the meantime.

charlie12 · 22 October 2005 at 11:20PM

drphibes wrote:

ordered a Sony psp from yesasia.com in Japan.

Yesasia are based in Hong Kong BTW, not that it makes any difference in this case but just FYI

YorkshireBoy · 22 October 2005 at 11:35PM

Thanks for that grumbler.

I've just searched the OFT's website* and there is a lot of information available on this topic by searching for "Section 75" - particularly in the press releases archive. Individual providers are mentioned...

RBS, Tesco Personal Finance, & American Express Services Europe - who, as "defendants", are disputing the court action brought by the OFT on Section 75 overseas purchases proposals .

HSBC, Bank of Scotland, & Sainsbury's Bank - who have indicated that, whilst not necessarily agreeing to the OFT's proposals, they will honour purchases made abroad.

The good news for the OP is that Halifax falls into the second category.

* http://www.oft.gov.uk

drphibes · 22 October 2005 at 11:49PM

Thanks for the suggestions.
I think I will give yesasia and UPS until Tuesday to see if they can master the fine art of using a telephone and if they fail this simple task then I will show them how it is done and give the Halifax a call.

Cheers

Drphibes

drphibes · 23 October 2005 at 8:14PM

Hi

I decided to test the water today with the Halifax to see if they would look into the problem that I have described above.
Spoke to a nice fella who agreed that it was not acceptable for yesasia to refuse to ship me a replacement psp due to the fact that UPS have accepted liability for the original psp that UPS damage.
The guy advised me to email yesasia once more and demand that they send out a replacement straight away and he has logged my situation to the claims department so they will look into it for me aswell.

I emailed yesasia this afternoon so hopefully they will finally get their act together and do the decent thing and if they continue to drag their heels they will be hearing from the Halifax credit card department on either Monday or Tuesday.
I will report back when I have any news on this situation.

Drphibes

Claiming compensation on credit card

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