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Focus DIY section 75 claim

I hope this thread is in the right place but having looked around the forum there does not seem to be any where else to go.

Using the main site i put in a section 75 claim for a gazebo ordered from focus on about 2nd May (i do have the dates but can't acess them now) money taken from CC delivery promised, no gazebo.

As expected CC co have come back at the last possible moment in the 14 days saying " we need written confirmationthat the goods purchased have not been recieved and documentary evididence to prove the merchant has ceased trading"

So do i have to apply to the liquidator for this information or is there another way round this.

would be very grateful for OPs input on this

gag
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Comments

  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
    First Post Combo Breaker First Anniversary
    Documentary evidence they're in administration:
    http://www.focus-d-i-y.co.uk/adminnotice.htm

    In terms of written confirmation goods haven't been received I'd send a signed statement to that effect.
  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    Combo Breaker First Anniversary 1,000 Posts
    getagrip83 wrote: »
    As expected CC co have come back at the last possible moment in the 14 days saying " we need written confirmationthat the goods purchased have not been recieved and documentary evididence to prove the merchant has ceased trading"

    Just their usual delaying tactics to make you give up ! Tell them to read the papers !
  • getagrip83
    getagrip83 Posts: 39 Forumite
    thank you people for your help. I do get so irritated when you have the law on your side and the companies **** around!

    its the stupidity of the questions that is irritating, proof of delivery is the delivery note or so I thought, but its always difficult to prove a negative.

    I am sure I am not the only one on these boards with S 75 woes but does anyone know how to find the threads.

    I find the shared pain theraputic:mad:

    thanks again

    gag
  • meer53
    meer53 Posts: 10,217 Forumite
    First Anniversary Combo Breaker First Post
    Your card issuer should be dealing with this as a dispute under Visa regulations not as section 75 really. They can action a chargeback for non receipt of goods, all card issuers are aware that Focus are no longer trading. We're doing chargebacks at the moment without any documentation, it's not strictly necessary under Visa regulations. Some card issuers will ask for it though, in my opinion it's a waste of time. Are you confusing section 75 with a chargeback ? They're 2 completely separate things.
  • opinions4u
    opinions4u Posts: 19,411 Forumite
    edited 26 May 2011 at 4:40PM
    As expected CC co have come back at the last possible moment in the 14 days saying " we need written confirmationthat the goods purchased have not been recieved and documentary evididence to prove the merchant has ceased trading"
    They are still trading.

    Just ask them to confirm that they haven't delivered.

    http://www.focus-d-i-y.co.uk/adminnotice.htm

    The credit card company is simply taking steps to ensure that you haven't received the goods and submitted a claim as well. It's not an unreasonable precaution, although understandably frustrating.
  • meer53
    meer53 Posts: 10,217 Forumite
    First Anniversary Combo Breaker First Post
    opinions4u wrote: »
    They are still trading.

    Just ask them to confirm that they haven't delivered.

    http://www.focus-d-i-y.co.uk/adminnotice.htm

    The credit card company is simply taking steps to ensure that you haven't received the goods and submitted a claim as well. It's not an unreasonable precaution, although understandably frustrating.

    The reason we are actioning chargebacks is because people are going to the stores and being told that they can't have their goods, not sure whether this is the same at all stores but i've dealt with two today, different stores.
  • pvt
    pvt Posts: 1,433 Forumite
    getagrip83 wrote: »
    its the stupidity of the questions that is irritating, proof of delivery is the delivery note or so I thought, but its always difficult to prove a negative.

    Gag,

    They didn't ask you to prove a negative, they just asked you to "confirm" that you haven't received the goods. That involves writing a letter that says "I confirm that I have not received the goods".

    But, as already observed, the company is in administration NOT ceased trading. Your first port of call is the company to see why you haven't got the gazebo. If they say "you're not gonna get it, nor are you getting your money back", that's when you make a claim to your CC company.

    Hope that helps

    pvt
    Optimists see a glass half full :)
    Pessimists see a glass half empty :(
    Engineers just see a glass twice the size it needed to be :D
  • gnaril
    gnaril Posts: 278 Forumite
    I love it when people assume its a stalling tactic when realistically they have no clue what is actually being done behind the scenes or exactly what is required.

    No bank is going to be taking a section 75 loss on these atm. Like meer posted they will be getting chargedback and the money pulled from Focus merhcant bank.

    To do this you are required to provide an invoice/description of the goods.
    An expected delivery date which should be detailed on the invoice.
    COnfirmation you have attempted to resolve with the merchant which in this case would be confirmation from the liquidator that youy wont be getting the goods.

    Visa disputes are slightly different from mastercard where you do require the information where on VIsa the bank staff can complete the Visa/VROL questionaire which is a substitute for your documentation.

    I wouldnt stress about it- follow the process and you will be refunded easy as that.

    All the best OP>
  • getagrip83
    getagrip83 Posts: 39 Forumite
    thank you all !


    if you are still around meer53 i thought that visa chargebacks only applied to debit cards?


    Regrettably I do stress about these things as I always feel slightly like a fly on the side of an elephant when trying to resolve these kinds of disputes.


    But I now feel calmer and thank you to whoever read the print properly. I will get my act together:D

    thanks again

    gag
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    gnaril wrote: »
    No bank is going to be taking a section 75 loss on these atm.

    s75 is just a provision that makes the CC jointly/severally liable with the merchant.They rank equally. It's not something that kicks in at a particular stage.

    So cardholders are entitled to go after (ie sue) a CC the moment something has gone wrong with the deal.

    Of course that's unlikely to be the most sensible approach, but that is the legal basis for a consumer. Whether the CC recovers the monies through chargeback or takes a hit is a matter for them.
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