Section 75 refunds - article discussion

derrick

digital wrote: »

Thanks for the confirmation that Barclaycard are wrong.

I realise that a repair is permissible but I am arguing that it's an unfair resolution as the camera is so new, has failed so catastrophically so soon, and I should be in the position of owning a new camera, not a new and repaired camera.

Whilst I personally agree with you, the law allows the retailer to make the decision, and as long as it costs you nothing and under the section I pointed you to:-

"2 (a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;"


A "reasonable time" is subjective and not qualified in law.


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digital

derrick wrote: »

Whilst I personally agree with you, the law allows the retailer to make the decision, and as long as it costs you nothing and under the section I pointed you to:-

"2 (a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;"


A "reasonable time" is subjective and not qualified in law.


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I'm trying to appeal to their better nature...!

So I'm probably wasting my time.

Thanks for the response and the link: appreciated!

[Deleted User]

digital wrote: »

I'm trying to appeal to their better nature...!

So I'm probably wasting my time.

Thanks for the response and the link: appreciated!

Wow! Hang on! You aren't wasting your time. Remember that the Supply of Goods & Services Act states that YOU set the reasonable time-frame in which they are to provide you remedy. 14 days is usually a sensible limit.

However I wouldn't go back to the retailer. Remember that the credit card company is jointly liable for any problem that arises under section 75. There is no first point of call.

You can argue that under Sales of Goods Act that the product is not of satisfactory quality. It has not lasted the amount of time you would have expected it to. It has actually failed within the mandatory 12 month warranty that manufacturers are obligated to provide. State that you have been unable to come to a satisfactory agreement with the company from which you purchased it. Therefore under Section 75 of the Consumer Credit Act 1974 they are jointly and legally liable to provide you remedy. Request a full refund.

Do this in writing. Send by recorded mail. I am with Barclaycard myself, and their call centre is run by incompetents who need to be run over by a bus, for the good of humanity. Don't call them your wasting your time there!


If Barclaycard turn you down take it to the ombudsman. Go and win!!!

[Deleted User]

coolguycp1 wrote: »

I need a bit of help with my situation.

I bought 2 return tickets from India to UK with Kingfisher Airlines directly in February 2012 for my in-laws who were supposed to visit us. The dates of travel were in March 2012 (outbound) and June 2012 (inbound) respectively. I booked the tickets using my RBS credit card.

However, the airline has now curtailed its overseas operations from India (due to its financial situation), and consequently, the airline will not be operating from India to UK on the date of travel of my in-laws. I promptly gave the airline a call and the customer rep told me that the best that they can do is to cancel my flight and give me a refund. I had no choice but to agree with the option and the rep told me over the phone that he had cancelled my flights and the refunds should be in my account in the next 5 working days. He also gave me a reference number for refund. However, I did not receive any written confirmation for cancellation from the airline. Their website is also not showing the booked itinerary or cancellation status. I then booked a new trip with Virgin Atlantic for around the same dates which cost me an additional £500. All of this happened yesterday.

Now, I called Kingfisher’s UK number again today just to check, but no one is answering their phone. Worse, in the news, it looks likely that the airline’s licence will be cancelled by the Indian government. The airline is already suspended by IATA.

Keeping the above in mind, if I don’t get a refund from the airline in the next 5 working days, can I invoke Section 75 to claim the refund from RBS? Also, can I also claim for consequential loss arising out of the increased fare that I had to pay to Virgin Atlantic for a new booking?

As long as each stage of the fare is over £100 (i.e. £100 each way before taxes etc) then you should have a case. You should also have a case for the 'consequential losses' i.e the extra that you had to pay virgin. Remember there is no time limit with section 75, and when you stick it to RBS, your basically sticking it the government. Much more fun. Think of it as a income tax refund :-p

digital

chrisross693 wrote: »

If Barclaycard turn you down take it to the ombudsman. Go and win!!!

I've done all that you've suggested and am waiting for Barclaycard to come back having decided to do the decent thing. If not, it's off to the Ombudsman or the courts...

I won't be giving up.

[Deleted User]

Good man/woman lol don't know ha ha.

Let us know how it goes :-)

[Deleted User]

[quote=[Deleted User];52296723]I bought an android tab from ebuyer. Didnt use it much but after about two weeks the screen started looking like it was damaged - got steadily worse. The thing is I know I havent dropped it or damaged it.

Contacted ebuyer and even sent them photos but they said tough luck its physical damage and wont do anything about it.

Would a section 75 claim work in this instance?[/QUOTE]
Well answer the following and you'll find out!:

1) Was the transaction value over £100 and paid on a credit card, direct to the company (meaning not via any third party e.g. paypal).

If yes to all then you are covered by section 75. Remember there is no first point of call, go direct to the card company. If they refuse to refund, go to the Ombudsman.

2) When did you buy the tablet?

Remember the Sales of Goods Act states that within 6 months of purchase, the company has to prove to you that the item(s) weren't delivered to you in that condition. This will be in addition to section 75 if your covered by that.

Furthermore, remember that all products as per the Sales of Goods Act must be of satisfactory quality, as described, fit for purpose and last a reasonable length of time. You can argue that the tablet should last longer than however long its lasted. Use this as basis for a Section 75 claim should you be covered.

If your not covered by section 75 then try a visa/mastercard chargeback within 120 days of purchase. Failing that you can only continue your dispute with eBuyer, outline the same points in relation to the Sales of Goods Act and threaten legal action should they continue to refuse.

And remember the most important moral of this story.......buy an iPad :-p Go and win, let us know how it goes :-)

johnsgems

Hi. Back in 2006 we were offered an opportunity to to relieve ourselves of our timeshare properties, via a holiday club. The deal was that they would take our timeshare properties, and we would join their holiday club for which we paid a substantial fee. The remuneration for the timeshares, and a payback deal on our holiday club fee was to be put into a cashback scheme with a 5 year wait for the payout. In the interim time the holiday company, and the cashback company have both gone into liquidantion. The fee was paid on two credit cards to a total of approx. £9000. Have I a valid claim under section 75? I have recently been approached by a company offering to help me get this money back. Is this a possible solution as for the likes of us going down the section 75 reclaim path looks complicated

derrick

chrisross693 wrote: »

Wow! Hang on! You aren't wasting your time. Remember that the Supply of Goods & Services Act states that YOU set the reasonable time-frame in which they are to provide you remedy. 14 days is usually a sensible limit.

However I wouldn't go back to the retailer. Remember that the credit card company is jointly liable for any problem that arises under section 75. There is no first point of call.

You can argue that under Sales of Goods Act that the product is not of satisfactory quality. It has not lasted the amount of time you would have expected it to. It has actually failed within the mandatory 12 month warranty that manufacturers are obligated to provide. State that you have been unable to come to a satisfactory agreement with the company from which you purchased it. Therefore under Section 75 of the Consumer Credit Act 1974 they are jointly and legally liable to provide you remedy. Request a full refund.

Do this in writing. Send by recorded mail. I am with Barclaycard myself, and their call centre is run by incompetents who need to be run over by a bus, for the good of humanity. Don't call them your wasting your time there!


If Barclaycard turn you down take it to the ombudsman. Go and win!!!

Warranties are in addition to statutory rights and are not mandatory or under any obligation to be supplied, and any time limit is at the manufacturers behest.

.

anitha

hi,

my husband and I attended a timeshare presentation whilst on holiday in August 2011. We bought the program, only to try to use it and were told that not all of the chains hotels were part of the program and we would have to pay to use the not "all inclusive hotels"
Needless to say we were appalled that we were lied to as we specifically asked if we would be able to use the not all inclusive hotles as part of the program as we would not be able to afford the all inclusive fees for all 4 weeks of the year.
The research i have done says that we can cancel outside of the recission period if we have been misrepresented, in this case verbally misrepresented and i am inclined to think that there was intent to mislead, hence maybe fraudulent misrepresentatiuon.

I have tried to communicate with the timeshare company for 3 months with not much success as they would like a salesperson to ring us and remind us of the pros.
I have recently received an email saying i will have to pay 30%
of cancellation fees.
I was advised off another forum to pursue this via s75 as we paid via crdit card.
I have just seen that my husband paid using his card. he is the secondary cardholder.
I had to be present at the presentation and give consent to the purchase but as i had the 2 young ones, my husband signed and paid for the timeshare.

Do we have any recourse ?

Thanking you in advance for your help.