section 75: how long to investigate?

ordnancesurvey

I bought a suitcase abroad for the ridiculous fee for £125! I assumed at least it would be of a sufficiently robust quality. Needless to say I was not very happy to see it had not survived it's first plane journey home. It was completely mis-shapen and had tears in a number of places. Rather than getting involved with the retailer which was abroad, I claimed under Section 75 of the Consumer Credit Act (seeing as I had paid using my credit card). I asked for a response from HSBC (the card company) within 14 days. I got a letter back (within the 14 days) saying they would need to investigate and would get back to me within 6 weeks. Is this reasonable? I'm wondering what sort of investigating they'll be doing - they didn't even ask me for photographic evidence - which I would happily provide. Are they just stalling? In which case, how can I speed the process up?

YorkshireBoy

Can't answer your specific question, but I expect when they do get back to you they'll want to know why you didn't report the damage (and claim) at the arrival airport at the end of your journey.

Isn't that what you're supposed to do?

(They'll say) Why should the card provider stump up for damage (probably) caused by foreign, or UK, airport baggage handlers/systems?

jonesMUFCforever

...................And to follow on from Yorkshire's answer you are supposed to contact the retailer first - The CCA is not a substitute insurance scheme.

If the airport or airline not cover you then claim off your travel insurance.

ordnancesurvey

right -I guess I didn't see it as an issue of damage by baggage handlers, but as an innate malfunctioning of the goods which showed themselves not to be fit for purpose.

as for jones's comment - I referred to MSE's article on Section 75 which is clear that both the credit company and the retailer are equally liable and it is a matter of choice for the consumer who he approaches first.

jonesMUFCforever

You are wrong the credit card company will not touch you unless you can prove that you have at least tried to resolve it with the retailer - but good luck.

ordnancesurvey

well do u wanna tell him or should I? coz this is what he wrote in his article:

<<Here you will commonly be met by a “that’s not our business, go to the retailer”. Actually you don’t have to, it is their business and you’ve a legal right to redress. The law makes clear that the credit card company is jointly responsible so there’s no 'first point of call'.
However, frankly unless you need to (e.g. the supplier/retailer is overseas) it’s much easier to deal with the retailer.
If you are claiming from the card company, be firm but polite, and request a claim form. Again, on the claim form state it is a claim under "Section 75 of the Consumer Credit Act". >>

jonesMUFCforever

Well good luck but if you dont have any contact with the retailer you wont win.
Why don't you want to contact the retailer?

oscar52

jonesMUFCforever wrote: »

Well good luck but if you dont have any contact with the retailer you wont win.
Why don't you want to contact the retailer?

Probably beacuse as stated by the OP, the reatiler is overseas. And you in correct stating "you need to contact the retailer".

S75 clealry states that a credit provider is "..equally and severably liable.."

What if the retailer is no longer trading - how do you contact them then??


Having said the above, I also agree that this is an insurance claim against the airline / baggage handlers. If OP failed to take out insurance, then it could be an expensixe lesson.

gnaril

having worked chargebacks and referring stuff to our section 75 team. People are right you aint going to get away with just saying the item is faulty or poor quality without providing proof of such.

Bear in mind section 75 is a loss for the bank if you like so they will pursue all avenues before having to write it off. A chargeback could essentially be in place there and I can assure you the bank WILL or should pursue all avenues before section 75.

And to address the previous posts, yes the card issuer are equally liably however thought not sure 100% Fsa/ombudsman or w/e would have no problems in siding with the bank in respect of getting the cardholder to get whatever documentation they require. and to contact the merchant to resolve.

At the end of the day you have bought something from a retailer, you should contact them first if there is any problem and then if you cant get it fixed contact your bank.


Anyways thats my viiews from the inside of the chargeback/Section75 route.

Im assuming its jsut a standard holding letter and someone would contact you requesting whatever documentation they are going to need/Independant report/merchant contact etc etc.

It all falls back to the cardholder the onus is on them to prove breach of contract, faulty goods etc so you aint going to get around it..

All the best

gnaril

Sorry I must appologise I have just went through your post again.

I doubt your going to get much help at all, There is nothing wrong with the bag that you have bought so there has been no breach of contract or poor goods from the merchant, you have just been unlucky in that the baggage handlers or w/e have mauled your bag. You got no chance mate. I would assume that the airport would have their own claims dpt for something like this.

If its a route your going down ie poor quality goods, your old hope i would say if this is your angle is to get an independant report to confirm the bag is of poor quality, hence the trip home it has not survived it, I still think your struggling due tothe damage being caused by a third party you really have no proof as to who/what caused the damage.

Anyways all the best