Consumer Rights: MoneySavingExpert.com discussion

cyberRick

Last week I contacted my VISA credit card company to claim back the cost of a DVD / HDD recorder that I purchased in January for £200 and which started going wrong in the last few weeks. I explained that I thought they were equally liable with the retailer (who I had failed to make contact with) under section 75.

The credit card company said that because it was more than 3 months after the purchase date there is nothing they can do to chargeback the retailer, and denied any form of joint liability.

It is now 9 months since I purchased it and in my opinion the recorder should definitely work properly for at least 12 months.

Does anyone know whether this 3 month period of credit card company liability is correct, or are they just having me on? If so how do I challenge them?

Thanks

Art_2

cyberRick wrote: »

Last week I contacted my VISA credit card company to claim back the cost of a DVD / HDD recorder that I purchased in January for £200 and which started going wrong in the last few weeks. I explained that I thought they were equally liable with the retailer (who I had failed to make contact with) under section 75.

The credit card company said that because it was more than 3 months after the purchase date there is nothing they can do to chargeback the retailer, and denied any form of joint liability.

It is now 9 months since I purchased it and in my opinion the recorder should definitely work properly for at least 12 months.

Does anyone know whether this 3 month period of credit card company liability is correct, or are they just having me on? If so how do I challenge them?

Thanks

If you paid for the goods with a credit card the card company is liable under section 75 which you quoted. They're trying to avoid their resposibility.

In the past the '3 month' rule has been mentioned before but I am not too sure this is correct. I am presently in the US for a month and without access to my information. Speak to Consumer Direct and ask them to clarify this for you.

www.consumerdirect.gov.uk

Regards,
Art.

derrick

Art wrote: »

If you paid for the goods with a credit card the card company is liable under section 75 which you quoted. They're trying to avoid their resposibility.

In the past the '3 month' rule has been mentioned before but I am not too sure this is correct. I am presently in the US for a month and without access to my information. Speak to Consumer Direct and ask them to clarify this for you.

www.consumerdirect.gov.uk

Regards,
Art.

Personally I have never heard of the 3 month rule, but re the Consumer Credit Act, section 75, if the retailer is liable, then the C C company is equally and severaly liable , there is no time limit differential.

cyberRick

Thanks to Art for the link to www.consumerdirect.gov.uk they were extremely helpful, gave good advice and recommended next steps. I would recommend anyone with a similar problem contacts them.

The essence of their advice as I understood it was that there is no 3 month limitation whatsoever under Section 75. The credit card company are just being obstructive - hoping I will simply go away.

All that S75 does is join the credit card company with the retailer in a joint and several responsibility for the product retailed.

Having established the joint responsibility under S75 then the consumer has all the rights of the Consumer Goods Act jointly and severally against the credit card company as well as the retailer - i.e. I can go after either one of them or both at my discretion.

Thanks again!
CyberRick

campinghelp

I bought a tent over the internet from https://www.awnings.co.uk i was assured it was easy to be put up by one person by their tent expert sid so i went ahead and bought it i received it the next day. was going to go on holiday so put it up at the weekend this was two days later i could not put it up after trying for nearly an hour so checked out my rights because they did not want to have it back realising i could send it back under the seven days distance selling act i sent it back. i then get a phone call saying that i will not get a full refund only a partial refund due to a returns charge. i checked out my rights and this is illegal but only realised after i had got the partial refund they also state on their own website under t&c's i will get a full refund including the postage and packaging in 30 days. The difference between what i got a refund and the cost i paid is £13.95. i have sent five emails each ignored this has now been 17 days. what do people suggest? this is what is in their t&c's. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.

derrick

campinghelp wrote: »

I bought a tent over the internet from www.awnings.co.uk i was assured it was easy to be put up by one person by their tent expert sid so i went ahead and bought it i received it the next day. was going to go on holiday so put it up at the weekend this was two days later i could not put it up after trying for nearly an hour so checked out my rights because they did not want to have it back realising i could send it back under the seven days distance selling act i sent it back. i then get a phone call saying that i will not get a full refund only a partial refund due to a returns charge. i checked out my rights and this is illegal but only realised after i had got the partial refund they also state on their own website under t&c's i will get a full refund including the postage and packaging in 30 days. The difference between what i got a refund and the cost i paid is £13.95. i have sent five emails each ignored this has now been 17 days. what do people suggest?

From their T&Cs:-

6.5 Where Goods are purchased via the internet, by mail order or by phone or fax, the Buyer has the right, in addition to any other rights, to cancel the Goods and receive a refund by informing the Seller in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at the Buyer's cost and should be adequately insured during the return journey. The Buyer shall receive a refund of all monies paid for the Goods (including delivery charges, if any) except for return postal charges within 30 days of cancellation.


The seller is under no obligation re DSRs to refund your postage costs just because you change your mind, but they cannot hold back any other monies, i.e a "returns charge" that is illegal.

A guide to DSRs





The following is from HERE

Recovery of sums paid by or on behalf of the consumer on cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10, the supplier shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charge made in accordance with paragraph (5).

(2) The reference in paragraph (1) to any sum paid on behalf of the consumer includes any sum paid by a creditor who is not the same person as the supplier under a personal credit agreement with the consumer.

(3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

(4) Where any security has been provided in relation to the contract, the security (so far as it is so provided) shall, on cancellation under regulation 10, be treated as never having had effect and any property lodged with the supplier solely for the purposes of the security as so provided shall be returned by him forthwith.

(5) Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier.

(6) Paragraph (5) shall not apply where -

• (a) the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment, or
  
  (b) the term requiring the consumer to return any goods supplied if he cancels the contract is an "unfair term" within the meaning of the Unfair Terms in Consumer Contracts Regulations 1999URL="http://www.opsi.gov.uk/si/si2000/20002334.htm#note10"]10[/URL.

(7) Paragraph (5) shall not apply to the cost of recovering any goods which were supplied as substitutes for the goods ordered by the consumer.

(8) For the purposes of these Regulations, a personal credit agreement is an agreement between the consumer and any other person ("the creditor") by which the creditor provides the consumer with credit of any amount.

deanos

The thing is tho you have used the tent havent you, so i think this puts you in a different position and they can charge a restocking fee, if it was sent back as new there would be no charge.

campinghelp

i bought this tent because it was stated by their expert as being able to be put up easily by one man. that is why i returned it if i had been able to put it up i would have kept it. it was not fit for purpose so i expected the whole of my money back. their own leaflet says tent must be checked within ten days to see if it all alright. maybe i am wrong and they can sell you something then say sorry we did not say that and then take money off you when you return the goods. please can someone tell me if that is correct?

ScottishSapper

campinghelp wrote: »

i bought this tent because it was stated by their expert as being able to be put up easily by one man. that is why i returned it if i had been able to put it up i would have kept it. it was not fit for purpose so i expected the whole of my money back. their own leaflet says tent must be checked within ten days to see if it all alright. maybe i am wrong and they can sell you something then say sorry we did not say that and then take money off you when you return the goods. please can someone tell me if that is correct?

From reading your post I am assuming that you have not USED the then - only tied to put it up!.

Distance selling regs has the advantage that you can return any item WITHOUT giving a reason. You do not say how it was returned, did you pay or did they arrange to collect it? If you are returning an item without giving a reason the retailer is entitled to make a charge for the return IF stated in their T&Cs.

The way I read this is that you are returning the tent as it is not fit for purpose - ie you cannot easily put it up by yourself. In that case it is down to the retailer to bear the cost returning it.

If they do not reimburse you I think you would have a good case to take to the Small Claims Court.

I would send them a Registered letter pointing out the facts and request a full refund and say that if you do not have a satisfactory reply within 14 you will instigate a claim in the Small Claims Court

The following is a cut and paste from a legal site:

The link to the full info is at : http://www.out-law.com/page-430#Top
Recovery of money paid by consumer

On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within thirty days of cancellation. The full price paid for the goods including the cost of delivery must therefore be refunded. A supplier may (except where goods are returned because they are faulty) impose a reasonable charge to cover postage costs incurred by the supplier where it bears the cost of the consumer returning the goods provided this is clear in the contract and the consumer gets notice of this in advance as part of the written confirmation relating to the right to cancel.
Where the supplier wishes to send substitute goods (e.g. where the original goods ordered are not in stock, but similar goods are available), the supplier must not only have provided for the possibility of sending substitute goods in its contract so that the consumer was informed that this could be a possibility but, in the case of the consumer cancelling the contract and returning the goods, the supplier must bear the cost of such return.

campinghelp

i did send the tent back but did not realise i could send it back at their cost it was difficult to find their terms and conditions. the company stated it was used because i had tried to put it up. but i did not think that was using the tent. they must know you put the tent up because they say you have to i am considering taking them to small claims court its been nearly three weeks so because they say refunds will be given within 30 days i told them that if i dont receive full refund i will straight away tak them to small claims court or should i do more than that