Section 75 refunds - article discussion

Alistair_euan

HI I hope someone can help me.

Last year my then partner (Now my wife) in November bought 2 White gold wedding bands from a high street jeweler,at a cost of £386.00 we married in April this year and after 2 weeks of wear both rings appeared to be going "rusty", and my wife finger was going green with red spots around the area where the ring fitted her finger.
The rings were returned to the shop where bought and it was agreed to have them re-coated with Rhodium, my wife was advised to use clear nail varnish on the inside of the ring and to remove it when doing any kind of work in the house!!.
Once the rings had been returned to use we only had them for approx 2 weeks and again both started to "rust" again, so we have complaind to the shops HQ, they have told us that no refund will happen as the goods are not faulty, We took the rings to an independent goldsmith today who did an acid test on them and found that the rings are not white gold but base metal.
Having spoken to consumer direct they told me to go to the credit card company under section 75 to get a refund, however the credit card company is stating that it it is more than 6 months since the purchase of these rings therefore they are not liable.

Can someone tell me if this is correct.

Deikirk

Hi, I purchased an item from an Ebay seller. It was a retro tomytronic console. He said in his listing that it was untested so I emailed him and asked if he would put batteries in and test it, he did not respond but I bid anyway thinking it must work. When I won the auction I again wrote to the seller asking him to test. He replied saying he had no batteries but was posting it regardless. When it arrived it was completely broken, wouldn't even power on. I paid through Paypal so opened a dispute as I was furious. Paypal declined in my favour as the seller had put in his listing untested. I am now in disputes with Paypal who I feel should know that the seller obviously knew this was a faulty item and was very clever about how he worded his description so he would have no comeback from the buyer. Is Paypal liable to pay me back the monies paid since the transaction and dispute went through them? Any advice would be appreciated as I am so angry with the seller and Paypal right now!
Thanks

derrick

Alistair_euan wrote: »

HI I hope someone can help me.

Last year my then partner (Now my wife) in November bought 2 White gold wedding bands from a high street jeweler,at a cost of £386.00 we married in April this year and after 2 weeks of wear both rings appeared to be going "rusty", and my wife finger was going green with red spots around the area where the ring fitted her finger.
The rings were returned to the shop where bought and it was agreed to have them re-coated with Rhodium, my wife was advised to use clear nail varnish on the inside of the ring and to remove it when doing any kind of work in the house!!.
Once the rings had been returned to use we only had them for approx 2 weeks and again both started to "rust" again, so we have complaind to the shops HQ, they have told us that no refund will happen as the goods are not faulty, We took the rings to an independent goldsmith today who did an acid test on them and found that the rings are not white gold but base metal.
Having spoken to consumer direct they told me to go to the credit card company under section 75 to get a refund, however the credit card company is stating that it it is more than 6 months since the purchase of these rings therefore they are not liable.

Can someone tell me if this is correct.

No they are not correct, the CC issuer is jointly liable with the retailer, so if you have a claim against the retailer then you have a claim against the CC issuer under S75 if the retailer will not play ball:-
"Credit cards come with the greatest protection, as you can make a claim against your card provider under section 75 of the Consumer Credit Act."

You will need to claim under SoGA, (see part 5A), and as the goods are now over 6 months old you will need an independant report,(same as you would against retailer), to prove the goods where defective from date of purchase, the independant goldsmiths report will do assuming they gave you one, if not you will need to obtain one, the 6 month rule:-
"Proving goods are faulty

If you bought the item within the last six months, it’s the trader’s responsibility to prove the item wasn’t faulty when you bought it.
If you bought your item over six months ago, you may have to prove the fault was not caused by accidental damage or wear and tear. You can do this by getting a second opinion from an independent expert (see link below)."


So contact your CC issuer again informing them you wish to instigate a S75 claim, they will then send you out information/forms.



.

EDGal

Hi,

My Partner and I bought a bathroom through Dolphin Bathrooms aka Homeform Group. Two days after the bathroom materials were delivered Dolphin went bust. Luckily for us we paid with our credit card, made a section 75 claim and the credit card company refunded our money.

The only trouble is that we still have a living room full of bathroom materials - such as bath, shower and tiles etc. We have written to Dolphin and our credit card but are getting no answers as to who now own these materials and whether we can dispose of them...or even keep them.

Has anyone else been in the same situation?

Many thanks.

EDGal

Dazedandconfused

Wondering if anyone can give me any advice.

Basically I went for a short break in Europe at the start of June. Paid for the hotel through a booking site. Paid the deposit by credit card balance in cash on arrival (have receipt with signature in bottom saying paid in cash). Anyway get back and get July credit card statement and they've also charged my credit card for the whole stay. The credit card reads like the hotel have done the transaction direct, no mention of booking site.

I rang my credit card company and asked what to do and they said liaise with the hotel. Tried phoning them but my language skills weren't up to the task and have also since contacted them by email in English and by letter translated into the correct language sent signed for delivery. No response whatsoever. I've written to the bank asking if they can do a chargeback arguing this is a fraudulent transaction as I didn't authorise the payment and obviously I didn't receive the services as I had already paid for the room that we stayed in. I've sent the hotel a copy of the receipt so they know I've paid.

I've since seen on this website about section 75, is this also a possibility for me?

The credit card people didn't sound very keen on assisting at all but it's over £200 so definitely not money I can afford to lose...

selbjx

I wonder if anyone could give me some advice on the following situation. Its not 100% straight forward but then again I suppose what is.

We recently purchased and had installed a carpet from a national franchised retailer, which wasn't overly expensive as we deem it a short term purchased until we can afford to install wood throughout.

We picked the carpet, spoke to the sales assistant (also franchise owner) about buying our own underlay as they charge the earth and he advised what would be suitable for the carpet and so we purchased the carpet and arranged a fitting date.

The fitting day came, (we had laid the underlay as we purchased elsewhere, but to the spec advised and this had been checked by the fitters and deemed fine prior to cutting and laying). The carpet went down and looked great. By the time my better half had returned the carpet was looking baggy and unstretched.

We promptly called the firm who returned advising and discovered the door bars had not been fixed down and were all refitted. Also pointed out was a 'pluck' in a prominent place and the stair carpet was creased in placed. They did some more work and left.

The carpet again became baggy and a slip on a loose stair carpet very nearly led to a fall. Again another call followed by another visit and the replacement on several steps carpet from remnant I had left over. They also attempted to restretch the loose carpet.

We are now two weeks on, and the carpet in a very brightly lit room looks ok, but when the lights are out and other lights cast shadows over the carpet, the ripples are very apparent and it looks absolutely horrendous.

We are now struggling with the firm who are placing blame everywhere else but themselves, including the cold weather (29 degrees yesterday).

I have spoken to my card provider who are wrangling over a faulty product, arguably the carpet was not faulty. However the carpet fitters (although subcontractors of the firm) i would deem to have installed poorly, and thus faulty and as they were appointed by the firm and not myself then surely the liability is there, and the credit card company should see that.

I have no idea where i stand on this - something which should have been straight forward is now annoyingly stressful (other half likes a rant).

My ideal would be for the firm to resolve the issue, however the more the carpet is taken up and re-stretched, the more the edges become shabby looking. There is only so many times a carpet can be lifted without looking terrible, and i feel this may have now exceeded it.

Any pointers would be great.

Cheers

Jon

Skemgav

I bought a used car last year and to cut the story short it was found to be a write off. I paid on my credit card so I went to them (natwest)

they told me I wasnt covered as I had used chip and pin. This is not true, but I pressed on.

I was then told I needed to get a judgment against the company. Now although this isnt the case I issued and have since got judgment against the car sales company.

I sent the judgment to the credit card as the car company have started a striking off petition,claiming to have gone bust.

they still refuse to pay.

I reported this to the FSA and I await their response.

I am a lawyer and as such I have a good idea of what is going on and what I intend to do. Essentially I will make an application to the court to add Natwest to the judgment. As this is over £700 and payable forthwith I will be applying for a winding up order against Nat west. I image this will upset some people but it does just go to show that the credit card companies will try and bamboozle you as much as possible and sometimes you must be willing to keep on pushing and not give up.

I will ensure to update this once the FSA have replied and also when I finally get my money back.

carol25

can you help?

I bought a three piece suite on HP the furniture was faulty and the shop offered to repair. I refused repair so they have now said , I can chose another suite. I do not like any of their alternatives and would like to cancel the whole agreement and ask them to uplift the furniture. Can I do this? Or do I have to take a replacement

NF_Veggie

I recently received a letter saying I was automatically entitled to a platinum Nationwide credit card, and that it would be sent to me without me needing to do anything.

Sure it was offering me free use overseas and cashback, but the small print said that purchase protection would no longer be offered.

I asked in branch if I could stay with my existing Nationwide card and I was told this was not an option. Apparently everyone will get cashback and use overseas rather than purchase protection.

The staff implied this was a better deal for customers - but I have a credit card specifically for the purchase protection.

Can this be right? Surely this is a change in the terms I signed up to when I took out my credit card?

Nationwide customer beware! And if this happens without a fuss, how many other banks will follow?

derrick

NF_Veggie wrote: »

I recently received a letter saying I was automatically entitled to a platinum Nationwide credit card, and that it would be sent to me without me needing to do anything.

Sure it was offering me free use overseas and cashback, but the small print said that purchase protection would no longer be offered.

I asked in branch if I could stay with my existing Nationwide card and I was told this was not an option. Apparently everyone will get cashback and use overseas rather than purchase protection.

The staff implied this was a better deal for customers - but I have a credit card specifically for the purchase protection.

Can this be right? Surely this is a change in the terms I signed up to when I took out my credit card?

Nationwide customer beware! And if this happens without a fuss, how many other banks will follow?

Purchase protection is something offered by finacial institutions that give you that extra protection, however if their T&Cs decide not to include it, then there is nothing you can do about it.

If you mean Section 75 of the Consumer Credit Act, then that is a statutory right and no companies T&Cs can take them away even if you signed sonething to that effect.

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