Section 75 refunds - article discussion

smiffie88

Hello

I purchased a NEXX Helmet from a company down south called Poole Moto back on the 15th April for a birthday present for me. This was because i had seen there eBay offer of 10% off. I rang up over the phone and they also gave me 50% off a tinted visor so i decided to pay there and then. I ordered myself a NEXX Carbon XR1R Helmet in a large and visor with my credit card coming to a total of £279.00.

I waited a week and nothing had arrived, i checked there ebay and it stated 48 hour delivery so i decided to call them. First excuse was no stock and they have ordered from the manufacture in Portugal. They never notified me of the stock situation, but told me a week for delivery. I waited a week and still nothing so made another call to be told they were still waiting. Many phone calls complaining and a message to NEXX on facebook only for NEXX to tell me they have no supply issues from the factory. After this i contacted NEXX who stated that my helmet had arrived but they were having issues with the visors. They emailed and offered to refund the different for the visor as compensation, which i still haven't received.

I finally received it today unpackaged the box and pulled the helmet out to try it on to find it fitted a bit small. I checked the sizing only to see the label had been peeled off from medium and moved to large. The label on the box said size but no letter which seems to have been ripped off. I'm absolutely livid as i have a helmet that doesn't fit, i'm out of pocket and missed 8 weeks of motorbike riding.

Who can i claim money off? the product is incorrect to the one purchased, and been promised a refund that still hasn't been received.

thanks

Rob

mustang1

I ordered a table from Dwell on 6 January. It cost £109. 5 months later I'm still waiting for it to be delivered. I've just read that this company might be going into administration so I'd need to make a s75 claim if they do. I just wondered what evidence I'd need to support my claim. I only have a web printout of my order. Just trying to prepare! Thanks.

Skirrow

I put a £300 deposit down on some windows in April 2012. I had asked the salesman if the deposit was refundable and was told "Don't worry all the details are in the full terms and conditions I'll send once I get back to the office" as he apparently didn't have them on him. Now unfortunately the rest of the money for the windows got stuck in bank transfer hell (trying to transfer between my 2 accounts) and I couldn't afford to pay for the windows. So I called the company to get a refund on the deposit only to told that "deposits are non-refundable as stated in the terms and conditions". I explained that the salesmen didn't show me the terms and conditions using them to dodge my question about refunds. A few months and several phone calls later still no refund.

So as the salesmen dodged my question and tricked me into (naively) paying the deposit. Do I have a case for claiming the deposit back under section 75? Or should i just put it down to experience.

(I have since got my windows £1200 cheaper so even losing the £300 leaves me with a £900 saving)

CathieMck

I contacted my credit card company to claim under section 75. regarding a suite bought 4 years ago that is defective and not fit for purpose. I filled in all the forms sent photos etc. Heard nothing so I contacted them again and was given the runaround. Turned out the call centre is in India. 11 phone calls later and filling in the online complaint form, I have now received a letter to say that there is no time in which they have to complete the claim ! So basically they can take as long as they like and in the meantime I am left with a seriously defective piece of furniture. Surely this is not right ? surely they must either reject or settle the claim within a time frame.

ellenGB

If the credit card company doens't play ball (you need to give tem 8 weeks to provide you with a response, even if negative), go to the Financial Ombudsman. He charges for an investigation so a lot of companies suddenly find the time. There is an issue here of leaving it for four years. You have to act quckly if somethign is defective. the othe rparty has to prove that it's not defective in the first 6 months, then you have to prove that it is, after that. I fear it's too late. The exceptions are products which are expected to last a certain number of years, e.g. a computer. Courts tend to recognise they should work for three years. If you complained quickly but were given the run-around, they will accept that there's an inherent fault. But suits? I don't think so.

CathieMck

ellenGB wrote: »

If the credit card company doens't play ball (you need to give tem 8 weeks to provide you with a response, even if negative), go to the Financial Ombudsman. He charges for an investigation so a lot of companies suddenly find the time. There is an issue here of leaving it for four years. You have to act quckly if somethign is defective. the othe rparty has to prove that it's not defective in the first 6 months, then you have to prove that it is, after that. I fear it's too late. The exceptions are products which are expected to last a certain number of years, e.g. a computer. Courts tend to recognise they should work for three years. If you complained quickly but were given the run-around, they will accept that there's an inherent fault. But suits? I don't think so.

The suite was fine for first 2 years and then the faults started happening. I purchased extended warranty which cost an additional £500 but this isn't worth the paper it is printed on. Been in dispute with them and card company for over a year so I never waited 4 years. I bought the item 4 years ago.

allycatraz

Hello everyone,

I'm currently going down both the Credit Card S75 route and seller route to obtain £1,500 for an inherent fault (for a repair that is required) on a car that I was sold. If I absolve liability of the trader/seller can my claim still exist against the Credit Card? The Act states that both parties are liable. If I formally declare that one party is now not liable, the other would still be completely and fully liable? That's how I read this situation?

Does anyone know?

Many thanks!
Alex

Optimist

allycatraz wrote: »

Hello everyone,

I'm currently going down both the Credit Card S75 route and seller route to obtain £1,500 for an inherent fault (for a repair that is required) on a car that I was sold. If I absolve liability of the trader/seller can my claim still exist against the Credit Card? The Act states that both parties are liable. If I formally declare that one party is now not liable, the other would still be completely and fully liable? That's how I read this situation?

Does anyone know?


Many thanks!
Alex

The words are 'jointly and severally liable'

You would be ill advised to tell the supplier that you have no claim against them as you are admitting that there no breach of contract nor any misrepresentation occurred .

pappadruid

Hi All,

Some advice required please!!

I recently bought a second hand car from a dealer, using my credit card for part payment. 5 days later, the clutch failed completely. The car had to get recovered at a total cost of £370 to myself. The repair bill is another £959. The purchase price of the car was £5700.

The car came with a 3 month warranty and they will pay £350 towards repairs. I have contacted the dealer who, through his legal company, have offered £350 towards repairs, leaving me to pay £259 towards the repairs. In total, I will be down circa £600.

Am I able to do a S75 claim for my outstanding losses? I would like to keep the car - all I want is my losses met!

Many Thanks All!!

LA1900

Dear Martin,

I have had a quote for supply & install of a woodburning stove, which came at £3,000 all in and was subject to a survey, they requested me to pay 20% as deposit prior to the survey (they would not book the survey otherwise), which I paid using my credit card (Barclaycard).

I have just received a receipt for the deposit, and the small prints say “I commit to the purchase”, which clearly I am not committing, yet even if the initial price sounded acceptable. I am not planning on signing that receipt.

In the meantime, I have had another quote for the same supply & service by another company, which came at £2,500 with FREE NO OBLIGATION survey!

The surveys are still due to happen, but of course I am now inclined to go with the cheaper company.

But I am afraid of losing my £600 deposit, I will aim to battle it out and get a full refund from them, but if they refuse, could I make a successful claim under section 75?

Please kindly advise.

Best,
Luke