Refund dispute

BELLABOOP_2

Hi I hope someone can help . . .

I have a problem with a shop that won't refund for a faulty product... they have said that it is only the decoration that has fallen off and under their guarantee I don't get a refund as I can still use it...... sorry it's a handbag !

Consumer direct have said I need to write to the company in the first instance....ok I understand that but I have also spoken to my Credit Card company who are putting me some forms in the post I understand that because the item was less than £100 I can't do any thing under section 75 but can I still get this money back.

Also what do I do about writing to the seller??? If my credit card refund the money then I won't need it to be refunded again ?? I will only need to return the bag to them so what do I do???

Apologies if you have already read this I'm a newbie and managed to post in the wrong place

CynicalScotsman

What happened to the decoration? It fell off??? It wasn't caught? Is it general wear? How old is the bag?

If it was caught, pulled, its general wear, its lasted its expected life, its cosmetic damage, then you're not entitled to a refund.

George_Michael

I won't need it to be refunded again ?? I will only need to return the bag to them so what do I do???

If you do get refunded, then you will have to ask your card issuer about what to do with the bag.

BELLABOOP_2

Hi the bag was 2 weeks old and had been used once. . . .

It had a decoration attached that was a padlock.... it wasn't caught or anything it just literally fell off !!! You can see 2 tiny screws that are sticking through the metal plate on the bag that were supposed to hold the lock on.

The refund was refused as she said it was only a padlock for decoration and that the bag was still usable :rotfl:even though I quoted my rights it made no difference.....

They even had the cheek to say I was being aggressive ...... well if standing your ground and telling someone they are wrong in not giving a refund then it looks like I'm aggressive - oh yes and then they told me to leave the shop LOL and that was while I was putting the broken bag into a carrier bag and replacing the receipt in my purse.

Wonder how many others this has happened 2 ????

gnaril

YOur bank is likely going to look at your case to see if they can "chargeback" the transaction to the merchants bank and refund your card.

You might be required to obtain and independant report to verify the bag is faulty and tender return of the goods before they will be able to do this on your behalf.

Could POTENTIALLY look to chargeback the transaction on the basis the goods were defective on arrival.( not sure if you bought mail order or if it was face to face). Would not need independant report as above.

IT depends really as there isnt that much in your post tbh. The likelyhood this will be contested by the merchant in any case from what you have said, so any action could potentially not really resolve it for you.

You are correct there is no liability under Section 75 due to the amount so if they cannot chargeback the payment then you will need to resolve directly with the merchant or seek advice from Consumer Direct/Trading Standards.

All the best

gordikin

gnaril wrote: »

...You might be required to obtain and independant report to verify the bag is faulty...

To use one of your own recently used words 'crap'. In the first 6 months it's down to the seller to prove the item isn't inherently faulty....not for the buyer to prove that it is.

gnaril

Yes and an independant report is a requirement of Mastercard/VISA in relation to the chargeback system which has no direct link to SOGA and if the customer is hoping to take any action via this method then without it the chargeback has no sucess and is invalid.

Chargeback = credit card scheme rules has nothing to do with any action the OP can take directly by herself and is free to take assistance from Consumer Direct/TS and write her templates etc claiming under the SOGA. Correct in the 1st 6 months all down to the merchant. THe op mentioned action by her CC company and my post advises accordingly.

Surreystarlet

Which shop was it and how much did you pay for the bag?

Consumer direct will tell you to write to the shop - just write a letter to head office and providing you phrase it in the correct way (how much you loved the bag, how you were extremely disappointed that the decoration fell off, how your a regular shopper in their store etc etc) they should offer you a refund or an exchange.

If a product is faulty, a shop is completely within it's rights to offer an exchange, or offer to pay to have the fault put right.

pulliptears

Im wondering if it was a Pauls Padlock bag?



Be interesting to know if it was, because its actually called a 'Padlock Bag" too!

BELLABOOP_2

It wasn't an expensive bag only £25 but it's the principal - with the shop being difficult and refusing to accept that the item is faulty....they say it doesn't matter that the padlock fell off it still works as a handbag !!!

It was JEFF BAINS where purchased from.

So if we work on that principal then if I buy a car that has slight discolouration to the paintwork it doesn't matter because it still works as a car ????

Oh and the bag was black with union jack and the same idea as the Pauls boutique bag with the plate and padlock like you can see in pic posted by pulliptears.

So it does make a difference to the look of the bag therefore coming into my statuary rights as not fit for purpose due to appearance !!!

gordikin

gnaril wrote: »

Yes and an independant report is a requirement of Mastercard/VISA in relation to the chargeback system which has no direct link to SOGA and if the customer is hoping to take any action via this method then without it the chargeback has no sucess and is invalid.

Chargeback = credit card scheme rules has nothing to do with any action the OP can take directly by herself and is free to take assistance from Consumer Direct/TS and write her templates etc claiming under the SOGA. Correct in the 1st 6 months all down to the merchant. THe op mentioned action by her CC company and my post advises accordingly.

Where does it say on s75 that an independant report is a requirement of Mastercard/Visa in relation to the chargeback system?