Section 75 refunds - article discussion

eddddy

kmoerman wrote: »

Has anyone here tried to claim with RBS? I am trying to currently but their online information on section 75 is non-existent. I will phone them but the lines are currently busy. My story is that I bought an engagement ring last week in new york. It was custom made to my fiance's tastes. When we returned home she put it on and within 5hrs it started to literally come apart. We took it to a local jeweller who told us the workmanship was the worst they had ever seen and that we should demand a refund. It was incredibly badly made. The retailer is ignoring us so my only option is to claim via RBS.
What do i do? Do I just call and ask for a claim form? Do I have a valid claim based on the item being faulty/sub-standard?

Section 75 makes the credit card company jointly liable for breach of contract and misrepresentation.

As you bought in the US, you need to start by finding out about US law, to see if a breach of contract has occurred. If no breach of contract (or misrep) has occurred, you have no claim under s75.


(In the UK, the Consumer Protection Act automatically adds terms to every contract that goods must be "satisfactory quality" and "fit for purpose". US law might work differently.)


In general, don't expect your credit card company to be helpful over this. If the credit card company pays you, they may not get the money back from the jeweller - so they won't be keen to be out-of-pocket.

shoi

RBS


We had a problem (Europcar and a fictional damage report), I remember we just phone the number on the back of the card and they put us through to the right people.


They weren't great, but via resolver (of this parish, all hail Martin Lewis, can he be made a peer of the realm please) it got sorted in the end. I suggest when you confirm in writing you follow guidelines as to wording, one phrase is apparently it is unfair which presses a button at their end

shoi

eddddy wrote: »

...
In general, don't expect your credit card company to be helpful over this. If the credit card company pays you, they may not get the money back from the jeweller - so they won't be keen to be out-of-pocket.

When I was a retailer we had the odd S75 reclaim come back to us and it was going to be automatically deducted unless we got the customer to relent. (Which we did, most often they had forgotten, eg one spouse bought it the other paid the bills)

kmoerman

(In the UK, the Consumer Protection Act automatically adds terms to every contract that goods must be "satisfactory quality" and "fit for purpose". US law might work differently.)

Thanks, according to the sites I've found there is protection in the USA with respects to 'reasonable quality' of products but it does not specify if that extends to non US citizens. I will try to make a claim anyway. It might still work as the claim is less than £2000 which for RBS is small change, but for me it represents a significant amount.

skylinedude

I opened a section 75 dispute with Sainsbury's in June 2018. Took me call after call, complaint after complaint to get it sorted. I got my full refund but to make sure I sent them a secure message from their website and also called them twice to ensure that everything was ok. I was told three times that the case is closed and the money is mine to do with as I please. They even put it back into my account.

Imagine my surprise when I get a letter on 20th October, dated 13 October asking for me information and to be returned by 10th October????

I call Sainsbury's credit card and tell them that I was told 3 times that the case is closed and the money is mine. Apparently, that is not the case according to the dispute department, they still have it open and Customers services should not have told me that, should not have refunded the money to my bank account and should not have closed the case.

I have already purchased a replacement item. Have made a complaint to the Financial Ombudsman but am at a loss at what to do about this now.

Any advice would be very welcome.

Thank you.

Dawkey

Hi just looking for some advice. I bought a tumble dryer in Dec 2015 and it has just recently stopped working. It is out of guarantee and today the manufacturer’s engineer ran some tests and confirmed that the compressor is broken and cannot be repaired. I paid with my credit card and was wondering if I have any chance of a partial refund, as I didn’t expect the tumble dryer to be faulty so soon. Thanks

Adorian

PTR72 wrote: »

[FONT=&quot]...Tesco disputes team employee asked me to provide an invoice of purchase of an annual train pass I bought at one of Northern Rail stations. I have a copy of card payment receipt...but Tesco employee said it’s not enough and insists that I need to provide an invoice I ask her to email me a list of required documents to submit the claim, but she refused and disconnected the line [/FONT]
[FONT=&quot]Any advice How to get an invoice for purchase of an annual train pass I bought at one of Northern Rail stations?......[/FONT]

Hi, can't advise you on how to get an invoice but I'd ring up Tesco Credit Card and ask to put a formal complaint in (*not* feedback as they will try to say they will do). I did this when I had a really patronisingly unhelpful person on the line and the result was that somebody listened to the call,agreed it was awful, rang me up and offered me £75 without me even discussing the complaint. Whether or not they honour your claim, they shouldn't hang up on you!
You can also say you want a list of what documents they require and a copy of their policy. If they refuse then ask them to confirm in writing.
You could maybe also ring Tesco card back anonymously first (you may want to change settings on your mobile to hide your number first) and ask them what info you would need to claim back, see what they say.
Good luck!

daeargwr

I purchased an item (over £100) earlier this year which as soon as it was installed was clearly faulty. I report to the merchant who came out, inspected and agreed it was defective, promising a replacement. I chased them for over 6 weeks and after a number of broken promises pursued a Section 75 claim with my credit card company (Nationwide).

Nationwide have insisted on receiving an independent report detailing the faults. I note Martin’s guide mention this:

“Again, you may be asked to get an independent report verifying a fault (if that's what you're complaining about). If the claim's approved, you should be reimbursed for the cost of the report too. Most claims go ahead without you needing to get this, but it's a possibility your lender will ask Again, you may be asked to get an independent report verifying a fault (if that's what you're complaining about). If the claim's approved, you should be reimbursed for the cost of the report too. Most claims go ahead without you needing to get this, but it's a possibility your lender will ask”

The item in question does not have a trade association, ombudsman or professional group who can review making this report difficult to obtain, but what I’m not clear on is if it’s even my responsibility to do so. The Which? guidance I’ve read on the Consumer Rights Act 2015 (which governs the original purchase between me and the merchant) says:

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.
During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

So my question is, is it up to the credit card company to prove the fault was there originally (by commissioning their own report) as they are jointly responsible under Section 75 or is it still up to me to provide one?

p00hsticks

daeargwr wrote: »

So my question is, is it up to the credit card company to prove the fault was there originally (by commissioning their own report) as they are jointly responsible under Section 75 or is it still up to me to provide one?

The report that is being asked for is not to identify when the fault occured, but to confirm that there is a fault at all.

Nochex_company_representative

The item in question does not have a trade association, ombudsman or professional group who can review making this report difficult to obtain, but what I’m not clear on is if it’s even my responsibility to do so.

We recently had a similar case when a consumer was asked for get a third-party confirmation that an appliance was indeed faulty. We checked with our bank and they suggested that it would be possible to use a notary to provide such confirmation. Here is a link to Wikipedia explaining what a notary is.