Section 75 refunds - article discussion

Optimist

lozza77 wrote: »

Thanks Derrick for your advice. It was a credit card I paid with. The company is Osborne and Brown, Dorset. Co reg is 07920764. Web searches don't reveal anything as far as I can see but really want to get this resolved ASAP!
Thanks again

I am not sure how you know this company has gone into administration I can find no information that confirms this.

Therefore I think I would go about this another way.

Go back to your card company and tell them that this is a breach of contract. The seller has a duty to deliver the goods as per S 27 of the Sale Of Goods Act this he has failed to do

You have never received the goods and the seller is no longer contactable. This should put the onus on the card company to contact the seller and find out if delivery took place, this contact which as you have found is next to impossible.

If the card company still refuse to entertain it then go through their complaints process before taking it to the Ombudsman.

lozza77

Thanks for your advice- that sounds like a great idea.
The item had gone to the courier for delivery but as I was on holiday they did not manage to book the slot with me and O & B have taken all stock back from the courier who is the person informing me- hope that makes sense!

Nick73_2

Thanks for taking the time to offer your advice, Optimist. It has been noted. Hopefully we'll get a result soon.

legit-remit

Good evening, i purchased a second hand car on my credit card,
for £2000, i also traded in my old car for which i received £1000 off the car i was buying. ie total £3000

within the first day of owning the car, i have noticed faults, which the trader has said he will put right, however i took the car in, and it has come back with faults not fixed, plus some extra scratches on my dashboard, and minus the fuel i had just topped up. so i forsee problems with getting my car sorted.

anyway my question is, if i end up asking for a refund or claiming on section 75, and he has sold my old car, can i claim for £3000, or just the £2000 i put on my card, and is there anyway i can get the £1000 that my car was valued at by him?? if he for example argues that my car wasnt worth that?

thanks in advance for your advice

cam80

Hello

I am new to the forum, not had a chance to look around yet but need some help quickly.

I purchased a range cooker and a microwave from Padgate Appliances and paid them £1250 with my credit card. I was unsure about the cooker as it was shown to me in the 110cm size and I wanted the 100cm. To clinch the sale they said they would write on the receipt full refund if not like cooker which they did.
We went to see the cooker and pay the balance and where told that they could not unpack the whole cooker as they would be unable to package it up again for transport.

Whilst there we were told some built in microwaves had just come in and we were shown a floor model, they were £150. We purchased one. They asked for my cooker receipt to add the microwave onto the bill, which they did and we paid him the full balance. He handed me back the receipt and we left.
I put the receipt in my bag and awaited delivery.
Both item arrived damaged, the scratches on the cooker are down to the metal. I tried to contact him immediately but they were closed so I rang there other branch. The man there said it would not be a problem, he would verify that we contacted him immediately.

After delivery I got my receipt out to get their phone number and then I noticed that he had scribbled out the statement of a full refund and put graded on the bottom of the receipt.
When they opened after the bank holiday the owner has accused me of damaging his goods. said good luck trying to get a refund or taking me to court and put the phone down on me. My husband has rang him since trying to reason with him but he is so aggressive and just put the phone down laughing.

I have contacted my cc company under the 75 rule but do I need to do anything else at this stage. I am worried about the time limit. I never had to do anything like this before and feel such a fool to be hoodwinked at 55. Any help would be appreciated. Thank you

dic-w

Hi,

My 3 month old washing machine intermitantly floods my kitchen.
I purchased the washing machine from dixons & there customer service dept are useless & wont issue a refund until the manufacturer diagnoses a fault. Beko have sent out an engineer who cannot diagnose the fault.
Can I demand a refund through my credit card under section 75 as the machine is faulty?

Thanks.

KAZ005

Hi again, I wrote my first message months ago as my husband has been trying to claim money back from Barclays Partner Finance for a training course (BTSC training course gone into administration) that our son was doing but my husband had to pay for. BPF have refused as they say the link between D-C-S is broken as my husband did not undertake the course. We are about to write to the FOS but recently I have found information on 'Four parties in a restricted use credit agreement' on Local Government Regs website. Section 4 of this has some very useful information,
I'd be interested to know if anyone else has come across this.
Sorry if the link doesn't work but the info is out there.
I'm determined not to let this go easily as BPF has done over so many people and we, 'the ones left holding the loans' need to find a loophole or something to start winning something back off them.

nosherw

I purchased a pushchair in oct 2011 which has now broken, I have contacted credit car who refuse to pay under s75 as item has "become faulty" they advise I contact tranding standards

Is this correct.

I have tried contacting the retailer but no luck yet

thanks for any comments

KTM_Gordo

Section 75 is something to use as a last resort when there has been a breach of contract.

With faulty goods you must contact the retailer first - see Martin's SAD FART guidance elsewhere on the site for your rights and how to go about it.

Coog

Hi all, I've read this entire thread but I still have a question. I bought a car using my credit card last week, since then I've discovered it's had parts removed and is in need of two axles. The parts removed from the car turn it from 4wd to 2wd and therefore it's absolutely no use to me (for winter driving or towing). I suspect the propshaft was removed to hide a more serious problem with the front differential. All was bought from a dealer all paid via credit card. The car was cheap at around £1000 and apart from the axle problems it seems OK.

I instigated a S75 claim with Barclaycard after negotiations with the dealer broke down, they suspended the transactions and sent me a bunch of forms out. When I spoke to them on the phone they suggested that I may need a 3rd party expert advice/report (engineer/mechanic) on the car but weren't forthcoming about who would be responsible for the bill. I have two problems:

1. I'm sure the engineer/expert report is going to be expensive (£150+). I understand that I'll pay this now but what happens if/when the S75 claim is settled? Will the dealer be responsible for this if found in my favour?

2. The expert opinion is likely to say it needs £1000's worth of repairs (brand new from Jeep). I'm sure I could get good 2nd hand parts at the local scrap yard and have them fitted for a fraction of the price. If they say it'll cost a fortune to fix is my only real option a rejection of the vehicle?

I reckon I could fix this for £500. I was ready to just chalk this one down to experience but after the dealer basically told me the car was sold as seen I want to pursue further. What I don't want to do is start racking up huge bills with experts and engineers to be told to wise up because it's only a cheap Jeep.

I sent one last email (following up with recorded letter) to the dealer today to give them one more chance at helping out before I get the experts and 3rd parties involved. I'm sure they won't need this extra expense either.

Any advice?

Thanks in advance.

Oh and to add extra complications to the matter he's in England and I'm in N.Ireland so can't exactly leave it down for him to look at!