section 75 successful, merchant threatening me

SPANIEL36

so...what did you order and what was delivered then?

lisyloo

Seeing as the OP hasn't been back on to reply to any of the posts about what he ordered i don't think we'll ever find out the right story do you ?

Probably not.

Anyway, we're all entitled to our opinions aren't we ?

Absolutely.
I enjoy hearing opinions that are different to my own as it allows me to challenge my thinking.
Sometimes I even change my mind :-)

sharmansgig

Hey, great response forum! I was away for weekend, so sorry for late responses. I didn't mean to stir up all this lively debate albeit interesitng to see the perspectives.


Just to clear up as many of you asked; the goods are a set of four winter rims and tyres ("complete wheel sets") that were ordered for my exact vehicle. I was able to pick the exact vehicle made, model etc., and this was referenced and fully detailed all over the order. They did not fit the vehicle. I requested a replacement wheel set that did fit. Simple as that. Got nothing but a reply with a straight cut and paste from the web pages of the merchant about 75 quid restock charges if you change your mind! As I said above, when I protested, communication was dropped. Went to Lloyds as the CC Co. Lloyds requested that I get a letter from my local car dealer service centre. I did. Lloyds conceded. Ultimately if the merchant'd have been more human about it, I'd have taken a replacement. That was then. Now 6 months have passed the sales contract is fully void.




@chanz4
>dont the banks charge back letter say to return the goods to the merchant once a chargeback has been issued, I know they used to say it in their letters.


No they did not say this...this is a a Section 75 claim (i.e. I guess that Lloyds have admitted liability ?) it is NOT just a chargeback. this is why I think that maybe Lloyds should collect the goods and return them to the merchant




@chattychappy, @meer53, @nomoneytoday, and others....
The wheels will cost me a lot to return. I do not wish to be out of pocket, even the cost of the signed for letter and the trips to the post office are money I sholdn't have to pay. Indeed, if I am cheeky, Id Iike a storage fee to be paid to me.




@chattychappy,
>Mention of re-stocking fees suggests the supplier might not accept the goods were wrong.


Well, the merchant just replied a straight quote from the web pages text, no "dispute" in the sense none of my points were even

weighed up. Then, when I protested, communication was dropped.




@TighterThanTwoCoatsOfPain
- no my loft is dry as a bone. But good point.


@chattychappy
>You have to take reasonable care, but you wouldn't be liable for "any" damage. So yes - electronic goods in a damp loft, that would be negligent. But if despite usual domestic security arrangements they were stolen, then you wouldn't be liable for that.


this made me laugh. The thieves would have to be pretty determined to get to the loft (unless I put the wheels in my shed.....)




@gnaril
>It would be a chargeback credit which is basically winning the money back from the merhcants bank on a tecnicality under the card scheme rules.


No, it IS section 75. This is the whole point. The CC Co specifically wrote back to me ask if I agreed to claim under section 75, I said yes, and they found in my favour.


and so...


>because the bank would have requested the return of the goods to them if this was the case( depending if it was cost effective to do so and what the goods are).


This is sort of what I thought. So, should I now write to the CC Co tomorrow and tell them to collect the wheels??


@meer53
The seller is not really "digging their heels in", they are a huge outfit with a minimal communication - internet portal business model.


@meer53
I put them in my loft cuz I have we very small house and two happy kids who get to use all the space they safely can.




@paulofessex this is my "unofficial" name, but thanks for tip.


So I will write to both the merchant and the CC Co tomorrow but who should I demand collects the goods?




thanks for all


Greg

meer53

sharmansgig wrote: »

Hey, great response forum! I was away for weekend, so sorry for late responses. I didn't mean to stir up all this lively debate albeit interesitng to see the perspectives.


Just to clear up as many of you asked; the goods are a set of four winter rims and tyres ("complete wheel sets") that were ordered for my exact vehicle. I was able to pick the exact vehicle made, model etc., and this was referenced and fully detailed all over the order. They did not fit the vehicle. I requested a replacement wheel set that did fit. Simple as that. Got nothing but a reply with a straight cut and paste from the web pages of the merchant about 75 quid restock charges if you change your mind! As I said above, when I protested, communication was dropped. Went to Lloyds as the CC Co. Lloyds requested that I get a letter from my local car dealer service centre. I did. Lloyds conceded. Ultimately if the merchant'd have been more human about it, I'd have taken a replacement. That was then. Now 6 months have passed the sales contract is fully void.




@chanz4
>dont the banks charge back letter say to return the goods to the merchant once a chargeback has been issued, I know they used to say it in their letters.


No they did not say this...this is a a Section 75 claim (i.e. I guess that Lloyds have admitted liability ?) it is NOT just a chargeback. this is why I think that maybe Lloyds should collect the goods and return them to the merchant




@chattychappy, @meer53, @nomoneytoday, and others....
The wheels will cost me a lot to return. I do not wish to be out of pocket, even the cost of the signed for letter and the trips to the post office are money I sholdn't have to pay. Indeed, if I am cheeky, Id Iike a storage fee to be paid to me.




@chattychappy,
>Mention of re-stocking fees suggests the supplier might not accept the goods were wrong.


Well, the merchant just replied a straight quote from the web pages text, no "dispute" in the sense none of my points were even

weighed up. Then, when I protested, communication was dropped.




@TighterThanTwoCoatsOfPain
- no my loft is dry as a bone. But good point.


@chattychappy
>You have to take reasonable care, but you wouldn't be liable for "any" damage. So yes - electronic goods in a damp loft, that would be negligent. But if despite usual domestic security arrangements they were stolen, then you wouldn't be liable for that.


this made me laugh. The thieves would have to be pretty determined to get to the loft (unless I put the wheels in my shed.....)




@gnaril
>It would be a chargeback credit which is basically winning the money back from the merhcants bank on a tecnicality under the card scheme rules.


No, it IS section 75. This is the whole point. The CC Co specifically wrote back to me ask if I agreed to claim under section 75, I said yes, and they found in my favour.


and so...


>because the bank would have requested the return of the goods to them if this was the case( depending if it was cost effective to do so and what the goods are).


This is sort of what I thought. So, should I now write to the CC Co tomorrow and tell them to collect the wheels??


@meer53
The seller is not really "digging their heels in", they are a huge outfit with a minimal communication - internet portal business model.


@meer53
I put them in my loft cuz I have we very small house and two happy kids who get to use all the space they safely can.




@paulofessex this is my "unofficial" name, but thanks for tip.


So I will write to both the merchant and the CC Co tomorrow but who should I demand collects the goods?




thanks for all


Greg

Ah ! Now it is all clear ! How could you go away and leave us all in suspense like that ? made for an interesting debate though, you learn quite a lot from the responses !

I think you should do as you suggest, but i'd write to both the CC company and the retailer and see who turns up first !! It would still bug me to death though and i'd have to send them back, if only so i could draw a line under it.Maybe you should put them in your shed, if they get stolen, Hey Ho ! ( maybe not a good idea )

Good luck ! xxx