Help Regarding Disputing a CC Purchase

mad1_2

Hi there

Having heard Martin on R2 saying about putting an item into 'dispute', I thought I would share my recent experience and ask for any help/comments.

I recently bought a DVD recorder from a well-known retailers web site - it was brand new and not from a 'second hand' or auction site and they are an online specialist not one of the high street shops. When ordering, I had to set up an account and as I wanted to use an MBNA Business Card for payment I set up a 'business account'. The web site stated that any purchases using a business account did not entitle the buyer to a 'cooling off' period.

I checked out the retailers address on the web site and it said they were based in the UK.
When I made the purchase the only item in the 'shopping basket' was the DVD recorder. A few days later when I received notification of the dispatch via email I noticed that a two-pin EU to 3 pin UK adapter was coming with the DVD recorder itself.

Nothing on the web site said that it was sourced outside the UK and would come with an adapter.

I tried to cancel the order with the retailer before it arrived on the basis that I did not want a non-UK sourced item and it was not advertised as being sourced outside the UK. I also said that their web site did not state that an adapter would be required or sent by them as part of the order - if it had I would not have place the order.

They said that because it was purchased under a 'business account' I could not cancel the order.

Instead, I contacted MBNA and explained the situation and told them I wanted to return the item. They said they could not put it into dispute as the goods were not faulty, an alternative was not supplied and had been supplied in accordance with my purchase.

I said that it was not as per my specifications as I expected a UK-sourced item and the site did not state that the order would be sourced outside the UK or would require an adapter.

MBNA said this was Visa rules and nothing to do with their own policies and could not help.

I thought that using a credit card offered the level of protection which I am seeking in this situation.

I fully accept that the DVD recorder is the model I ordered, but the site did not state that it was sourced outside the UK and would require an adapter.
On this basis, I consider it not to the spec I thought I was purchasing and was misleading. I have not opened or used the DVD recorder since it arrived.

Any thoughts, particularly on the credit card side of things, welcomed.

Thanks

Tondella

I'd continue to pursue your complaint with the retailer, it seems pretty clear cut that they did not adequately describe the item. Try trading standard's website and check out your rights - make it clear that the return is because the item is not as described. The cooling off period is neither here nor there for this matter, although I'm not sure whether businesses enjoy the same statutory rights as individuals???

mad1_2

Thanks Tondella

I was puzzled by the credit card company's response.

I thought that they would dispute this with the retailer - particularly as it is my business credit card.

Beyond an item being faulty, damaged or not as ordered, I am wondering exactly what protection a credit card offers? If it was any of the above I would be covered by my statutory rights

JohalaReewi

And the well known retailler is??

mad1_2

I'll assume that I can say, and it is:

Komplett.co.uk

JohalaReewi

They are based in Norway where they also have thier warehouse (as they say on thier website) and UK customers are serviced from the Netherlands.
http://www.komplett.co.uk/k/k.asp?action=custserv&topic=location

If you click on thier service and help link (top right) you get to this page.
http://www.komplett.co.uk/k/k.asp?action=custserv

Not sure if you have a case with this one. You purchased via a business account and do not appear to get consumer protection via the Distance Selling Regulations, so they would appear to be acting within their T&Cs. Perhaps a chat with someone who can advise you legally might be in order? You could try the Citizens Advice Bureau.

KTF

If the item was cheaper than a UK sourced one and of exactly the same spec then whats the issue? Are you saying that you are happy to pay more for one that has a different plug on it?

mad1_2

I think you may be right about the Distance Selling Regs - I contacted 'Consumer Direct' http://www.consumerdirect.gov.uk/ and they said that consumer legislation offers protection for 'the consumer' and 'businesses' are on their own!

They did however say that if the UK power adapter is detachable then it is not compliant with UK legislation which says that all power adapters must be an integral part of an electrical unit. They are going to get back to me with more info on this...

On their web site they give their address on the Contacts page as being in Coventry.
https://www.komplett.co.uk/k/k.asp?action=custserv&topic=contact

My gripe is that they slipped in the fact that the unit required a power adaptor (and was not therefore a UK sourced product) only after the purchase had been made and the despatch confirmation had been sent. Notwithstanding their business T&C's, this means that they were not providing accurate information either on their web site or even whilst the purchase was being made.

I am very surprised about not being able to enlist the credit card company's support on this. I thought that Martin said that this was exactly what could be done on his R2 slot on Jeremy Vine recently. I would be interested to hear if anybody else has had a successful experience with a 'dispute' which didn't involve a faulty product...

mad1_2

KTF wrote:

If the item was cheaper than a UK sourced one and of exactly the same spec then whats the issue? Are you saying that you are happy to pay more for one that has a different plug on it?

Yes, in a nutshell I would be willing to pay a little more for something which was made specifically to work in this country rather than something which has been 'adapted'. The it's simple and clean - bought for use in the UK. Hopefully it would be just a plug, but who knows?

I have read about all manner of electrical goods made for the EU, US, Far East markets which then sold out of these territories and cause problems.

If I had known, and they had stated that this product was sourced outside the UK and required any kind of adaption then I wouldn't have bought it.

JohalaReewi

mad1 wrote:

I think you may be right about the Distance Selling Regs - I contacted 'Consumer Direct' http://www.consumerdirect.gov.uk/ and they said that consumer legislation offers protection for 'the consumer' and 'businesses' are on their own!

They did however say that if the UK power adapter is detachable then it is not compliant with UK legislation which says that all power adapters must be an integral part of an electrical unit. They are going to get back to me with more info on this...

That is interesting.

On their web site they give their address on the Contacts page as being in Coventry.
https://www.komplett.co.uk/k/k.asp?action=custserv&topic=contact

So it does although it is a c/o address which seems odd. On the same page there is the 'where are we located' FAQ which gives away their real location. They also have an 0871 sales and helpline No stars for that.

My gripe is that they slipped in the fact that the unit required a power adaptor (and was not therefore a UK sourced product) only after the purchase had been made and the despatch confirmation had been sent. Notwithstanding their business T&C's, this means that they were not providing accurate information either on their web site or even whilst the purchase was being made.

While this is true, because you purchased as a business, you will have to take the business route to get this sorted out. I notice they do have an RMA proceedure so maybe you can return the unit using that and claim that as a unit and separate power adaptor, it does not meet UK legislation (once you hear back from Consumer Direct).

I am very surprised about not being able to enlist the credit card company's support on this. I thought that Martin said that this was exactly what could be done on his R2 slot on Jeremy Vine recently. I would be interested to hear if anybody else has had a successful experience with a 'dispute' which didn't involve a faulty product...

Perhaps it is because the credit card company saw this as a business purchase on a business card and so the Consumer Credit Act probably doesn't apply?

mad1_2

Thanks for your reply - all useful observations.

On the credit card front, the card I used was actually an MBNA Visa Business Card. MBNA have said that they are applying 'visa rules' so whoever the issuers is the situation would be the same.
What they didn't say is that they are unable to help because it was a 'business purchase', and that in a similar situation (consumer or business) Visa rules would apply.

This is what I am puzzled about with regards to 'disputing' credit card purchases...