Section 75 refunds - article discussion

Crabman

JOHNT wrote: »

Hi, just after some advice, I bought a 3 piece sofa from Sofaworks in November 2013 it came with a lifetime guarantee on the mechanism. Part of this has now gone wrong they are trying to charge me £47.00 to come out and look at it or I can send them photos at no cost, I feel I have no option here. But I do feel that they will try and say it is wear and tear and try to get away with it. I feel this after reading so many reviews were this as happened. I am paying on credit with Cration Credit and the total cost will be £1800.00 I also paid a deposit od £200.00 on my credit card. If they say it is wear and tear what are my options. Thanks.

Welcome to MSE :hello:

It would come down to whether it is reasonable for this fault to develop within that timeframe. Given that they provide a "lifetime guarantee" (I trust you have evidence of this) designed to bolster consumers' faith in the product being sold, I'd suggest that it is not "wear and tear" that has caused the item to develop this fault.

By all means send them the photos so that you are seen to be reasonable, but I wouldn't agree to pay anything for them to come out and look at it as that sounds like a complete farce. That's when I'd consider the section 75 claim against your credit provider.

Note that they (the credit provider, or the financial ombudsman service) will ask for an independent report on the sofa you are claiming is faulty, but if the claim is successful they will have to pay for the cost of that report. For the claim to succeed, the independent report will need to verify the problem(s) and confirm that it is not wear and tear and was in fact due to a fault.

sarahfaith399

Good evening, I recently booked a spa package which involved overnight accomodation, 1 hour spa treatment, afternoon tea, dinner, and breakfast. This was for my 30th birthday combined with my hen do. Emails were exchanged as well as a lengthy phone conversations about the 7 ladies having cocktails and an evening of drinks in the bar after our meal. We paid a total of £724 on my creditcard.

[FONT=&quot]We were expecting so much from this trip but we were extremely disappointed. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]First of all we saw a sign on the reception that the Jacuzzi was out of order which we felt we should have been pre warned about as it has apparently been out of order for a long time (according to TripAdvisor comments more recently), this would have impacted on which hotel we would have liked to have stayed at as this was one of the deciding factors for a relaxing spa day.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The receptionist was unpleasant and did not point us in any direction; we were just left to find out where we were meant to go. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]When we found the changing rooms, they were very cold as the automatic doors through the corridors were constantly swinging open blowing very cold air through the building.[/FONT][FONT=&quot][/FONT]
[FONT=&quot]The pool is down this cold draughty corridor, there were only 4 loungers in the pool area which meant there was nowhere for us to sit and relax. The changing rooms were cramped and very cold.[/FONT][FONT=&quot][/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The pool was also cold, even after complaining twice to the leisure staff and once again later to the spa/beauty staff who actually questioned them, the response from the leisure staff was "oh I know it is". No apologies were made or attempts to rectify. As such we spent most of the time wandering around trying to keep warm while waiting for our room at 3pm.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]When we arrived for our evening meal we were seated straight away but then had to wait half an hour to be acknowledged, even though there were only 3 other tables, the starter came before we even saw a drinks menu (which we had to request). Once the drinks menu finally arrived, there were no soft drink options or other alternatives to wine. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]3 of the drinks ordered were met with complete confusion and rude attitudes (simple vodka coke and vodka orange) both came without the vodka so were sent back twice along with a southern comfort with lime soda which came without the southern comfort, they took a long time to come.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]We were advised that we could have cocktails throughout emails and telephone calls and as stated on the website.
[/FONT]
[FONT=&quot]There were no cocktails at all. No facilities to make any and no offer in the restaurant to make one specially (however one lady in the private bar was fantastic and did make ONE but no offer to make any of the other ladies).[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]The afternoon tea was lovely as were the ladies in the spa but everything else was unacceptable. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]Upon check out no body asked us if we had enjoyed our stay, we were met with "room number" and one of the guests got charged for something that we had not asked for or ordered -which was refunded eventually. [/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I feel so sad and let down that we paid over £724 for way below average service.[/FONT] [FONT=&quot] [/FONT]
[FONT=&quot]I contacted a representative at the resort on 3/1/2015, but they were unable to resolve the matter, as they did not work weekends. Since then I have been in conversation with a manager but to no real avail. [/FONT]
[FONT=&quot]He offered a night b&b for myself but I cannot get to the hotel again as I dont drive (one of the girls drove) and to be honest I would not want to go again.
[/FONT]

Do you think I am entitled to a refund under section 75 as the hotel have admitted that everything I had concerns about were in fact proved by his research/investigation.


Thank you so much for your help

honeyloop

Hi there,
I need some advice and guidance on what to do with an item purchased abroad.
when in to a store, purchased item and when arrived at the hotel to check found they had given me the wrong item.went baqck the next day early morning to ask for a refund, they said they packed the right one and do not refund but was willing to give an exchange, at this point I was happy to hear this only to find out they wanted more money for the item I want.
Phoned bank asking for disputes form and when it arrived non of the section in the form match my incident and not sure what to do.
Also do not know if the dispute comes under section 75 or charge back.
any help appreciated.

Thank you

phiwinuk

I am trying to claim for undelivered goods. These were supposed to be custom made and had a long lead time. I asked the credit card for a chargeback but it is now saying it was over 100 days ago and outsider the MasterCard terms.

Can I try using the Consumer Credit Act instead - or are there time limits as well?

Thanks if anyone can answer.

leedslass22

Hi


I'm hoping somebody will be able to help with my query.


Last year I bought some silicone moulds from a supplier on Aliexpress (China) for just over £100. In the certification section it listed the European certification (CE or EU, sorry can't remember.) Anyway I ordered the goods and then asked the supplier for the documentation to prove that they were food safe, as I was planning on selling them on Ebay. Needless to say I didn't get this, I disputed this with Aliexpress and after months of waiting they refused my claim because the supplier never said they had the documentation (even though it said CE/EU on the advertisement.)


There are two reasons I'm not sure if I'll be able to claim.

1. I bought a bulk number of items (100) and although the total was over £100 the individual price would have only been a bit over £1
2. If I've understood it correctly the payment was made through Aliexpress not directly to the manufacturer

Any advice would be greatly appreciated.

Crabman

leedslass22 wrote: »

Hi


I'm hoping somebody will be able to help with my query.


Last year I bought some silicone moulds from a supplier on Aliexpress (China) for just over £100. In the certification section it listed the European certification (CE or EU, sorry can't remember.) Anyway I ordered the goods and then asked the supplier for the documentation to prove that they were food safe, as I was planning on selling them on Ebay. Needless to say I didn't get this, I disputed this with Aliexpress and after months of waiting they refused my claim because the supplier never said they had the documentation (even though it said CE/EU on the advertisement.)


There are two reasons I'm not sure if I'll be able to claim.

1. I bought a bulk number of items (100) and although the total was over £100 the individual price would have only been a bit over £1
2. If I've understood it correctly the payment was made through Aliexpress not directly to the manufacturer

Any advice would be greatly appreciated.

If it was a business purchase, it is unlikely to be covered by Section 75 of the Consumer Credit Act. If you had bought them as a consumer, it may well have been a different story.

instantcustard

Brought moulded earbuds in the UK from what I later found was an US company with no UK base, the purchase was made at motorcycle live NEC. The good arrived a month later than promised and were delivered faulty. The supplier has ended all communication after. number of complaints without action. Tesco credit card are telling me I must get proof from an independent source that the goods are faulty before they can take action. Under the sales of goods act the retailer would have to prove they are not faulty, is there no way to force the credit provider to do similar as the time, effort and resultant costs of getting this proof may be more than the original cost of the goods

JimmyTheWig

Did they cost more than £100?

instantcustard

They were £125, but they charged £127... to my card due to the exchange rate.

JimmyTheWig

Have you told Tesco that you want to deal with it as a Section 75 issue?