Received Damage Goods - Barclaycard not accepting claim

chattychappy

cos wrote: »

I'm guessing that they are asking for warranty/guarantee information just in case the vendor had an externally funded warranty company that might cover this. It used to be common in double glazing some years back, but I think less so now.

Good luck.

Could be, but consumer protection legislation means the consumer doesn't have to pursue this route if he/she chooses to reject goods. The CC company is jointly liable with the supplier to perform the contract - which includes quality/fit for purpose terms implied into it by the legislation (Sale of Goods Act etc).

Though the usual thing is for consumers to exhaust their remedies with the supplier before approaching the CC company and the CC companies tend to make demands on the consumer to show that this is has been done, really their demands can be just the opening gambit in a game of delay and obfuscation.

StretchedElf

I'm still battling it out with Barclaycard. I replied to their last request by stating (what they already knew) that the vendor did not provide me with an invoice or warranty, nor did I have any means of forcing them to do so once the payment had been made, so I felt it was unreasonable for this to be a contingency of their claims process. I asked them for an explanation of why proof of purchase + proof of receipt of damaged goods did not constitute a proven breach of contract.

They have replied with practically the same letter as the first time stating that without an invoice and warranty they will not process my claim.

I'm about to reply along the lines of establishing contingencies based on documents that the buyer has no guarantee of receiving is unfair. Or am I wasting my time? I thought about requesting a letter of deadlock but thought I'd give them one more chance.

Norfolk_Jim

I would go for the letter of deadlock and ombudsman route. Barclays have clearly decided they are not going to play ball with you.

danielanthony

You could claim that the payment to the company was unauthorised, thus Barclaycard would then have to chase the vendor to prove you authorised the payment e.g. an invoice.

Just a thought!

Norfolk_Jim

danielanthony wrote: »

You could claim that the payment to the company was unauthorised, thus Barclaycard would then have to chase the vendor to prove you authorised the payment e.g. an invoice.

Just a thought!

Except that would be untrue and also obviously untrue with all the info the OP provided. Sometimes section 75 is a hastle and no doubt the CC companies face far more of this now than they would before people like Martin started to publicise section 75. The bottom line is the bed was over £100 and the CC is jointly liable for it, they can't just wriggle out of it, though it appears here they are trying.

OP surely by now you've exhausted every reasonable chanel.

chattychappy

danielanthony wrote: »

You could claim that the payment to the company was unauthorised

Yes... and later admit you were untruthful. Not a good idea, I think.

StretchedElf

After requesting a letter of deadlock from BC they responded saying that they are now prepared to proceed with my claim if I am able to provide them with an independent assessment of the bed showing that it is irreparable. Can anyone advise me on how to respond to this? I'm not sure whether the bed is irrepairable or not--I've never stated to BC that it was, just that it arrived broken and that this constituted a breach of contract and that the vendor had failed to deliver a replacement part as promised in writing.

Do I need to oblige BC?
If so, how do I go about getting an independent assessment of the bed?
What is likely to happen next?
Or, should I simply go ahead and take it to the financial ombudsman as I stated in my last letter to them?

hippey

I reality you do need to mitigate losses so getting an independant assesment of the bed is what you might have to do, I would have thought another retailer selling furniture might be able to help you out here, and BC should pay for this IF it proved your bed in bust.

The ombudsman might no accept your complaint when the card company have said they are willing to assist, and if your bed is irrepairable you will be able to get it replaced / refunded I am sure!

Sponge

If it were to turn out that the bed was repairable, and the retailer is still not playing ball, would BC be obliged to cover the cost of the repairs under Section 75?

Mr.Mulla

StretchedElf wrote: »

I'm still battling it out with Barclaycard. I replied to their last request by stating (what they already knew) that the vendor did not provide me with an invoice or warranty, nor did I have any means of forcing them to do so once the payment had been made, so I felt it was unreasonable for this to be a contingency of their claims process. I asked them for an explanation of why proof of purchase + proof of receipt of damaged goods did not constitute a proven breach of contract.

They have replied with practically the same letter as the first time stating that without an invoice and warranty they will not process my claim.

I'm about to reply along the lines of establishing contingencies based on documents that the buyer has no guarantee of receiving is unfair. Or am I wasting my time? I thought about requesting a letter of deadlock but thought I'd give them one more chance.

I believe you need to continue disputing it with Barclay. The site below might be able to give you more information about your rights in returning the goods and getting a refund for the item you purchased.

http://whatconsumer.co.uk/returning-damaged-or-faulty-goods/

I hope this helps.