Dispute with CC provider

sdl811

Hi, can anyone help me out with this scenerio....

Bought a fire place more that 100days ago, paid 1500 by switch and the remainder by visa....

Heres the problem, the fireplace has never been provide as complete, ie, a part of it is incorrect. I have given the company who supplied it more than several resonable attempts to rectifiy the issue, where it has now come to the point where the fitters are relectunt to fix it due to the fact they will cause more damage to the item.

Having contacted the CC company they have stated they cannot persue this issue?? I thought they should, am i correct.

I have written a letter to the suppling company which was provided by trading standards for them to responed with a fix by end of year.

Question, can I push the CC company for refund of part of the funds or all of the payment....btw the CC company is HBOS.

King_David_2

Others may correct me but this is my opinion.

Credit card companies are only liable in the event that the company supplying you goes out of business (like Courts did before Christmas). Whilst the fireplace isn't complete, I think that in law the dispute is between you and the company.

On top of that, you paid £1500 using switch, which is a debit card. Even if you could claim from HBOS, the law doesn't cover debit cards.

To me, your only course of action is somewhere like Trading Standards. It would be a great help to you if from the start of all this you've kept a record of who you have spoken to at the company concerned, and when this was.

I hope you sort this as it is a lot of money.

johnllew

If the goods do not comply with the requirements of the Sale of Goods Act 1979, then both the retailer and credit card company are liable under Section 75 of the Consumer Credit Act 1974. As long as the goods cost £100 or more, then the fact you only paid for part of the goods by credit card doesn't matter. If you can't resolve the problem with the retailer then you should claim from your credit card.

There is more information on buying on credit HERE.

sdl811

But can i claim the full amount from the CC company or just the amount that i paid with my visa card?

MarkyMarkD

You wouldn't "claim the full amount". You would notify the credit card company of the dispute with the supplier and inform them that they are jointly liable to sort the situation out.

They are most likely to sort it out by putting the credit card transaction into dispute (meaning you don't have to make payments against that part of your balance) and by having a go at the original supplier to sort it out.

Only if they fail completely to sort out the original supplier (and this is only likely if the supplier goes out of business) will they refund you the entire amount - and even then, I'm not sure that the entire amount is the fair amount of compensation here as there is only a part missing.

sdl811

Yes but due to the fact that a correct part is missing the whole fireplace is incomplete...

MarkyMarkD

But if the missing part can be replaced from elsewhere, that is the cost of compensating you, not refunding the whole fireplace purchase transaction.