Lloyds Mastercard refusing section 75 refund

gingerdonna

we bought a bed and a mattress from a company called your furnished - the bed broke and the mattress is faulty. We did complain to them but Communication has now broken down with them directly and they are refusing to do anything about it. We have now claimed from Lloyds under section 75 - its about 900 but Lloyds have written a letter back saying that they are not responsible in customer disputes and refusing to do anything about it - what are my options?? Help me!!

meer53

More info is needed. How long have you had the bed ? Was it faulty on delivery ? For a Section 75 claim you will need to provide evidence of the fault, what was the conversation you had with the seller ? Why have they stopped communicating with you ? Have they offered anything at all ?

InsideInsurance

What did you say in your original letter?

Ultimately you need to write back and say you arent looking for them to become responsible for a customer dispute but you are claiming under section 75 of the CCA that they are liable for the faulty goods received.

chanz4

faulty or damaged by you?

blacksta

chanz4 wrote: »

faulty or damaged by you?

the bed broke and the mattress is faulty.

chattychappy

The principle of s75 is that the CC is placed in the same position as the supplier (subject to the transaction being over £100 and entered into by the main cardholder). The CC is jointly and severally liable for delivery of a functioning mattress!

So the communication/break down in relationship with the supplier is not strictly relevant. You are free to go after the CC rightaway. Whatever the CC says, you do not have to attempt to resolve the dispute with the merchant first.

So it just comes down to consumer law - how old is the mattress, is it faulty or was it wear'n'tear etc. If you think you have a claim against the supplier, then you have a claim against the CC.

missile

I would threaten LTSB with small claims court

meer53

missile wrote: »

I would threaten LTSB with small claims court

On what basis ?

Pinkypants

gingerdonna wrote: »

we bought a bed and a mattress from a company called your furnished - the bed broke and the mattress is faulty. We did complain to them but Communication has now broken down with them directly and they are refusing to do anything about it. We have now claimed from Lloyds under section 75 - its about 900 but Lloyds have written a letter back saying that they are not responsible in customer disputes and refusing to do anything about it - what are my options?? Help me!!

If Lloyds are claiming it's a dispute, could it be possible that this is not a simple case of "my bed is broken and my mattress is faulty".

We need more information, how long have you had the products, what's the fault. How did the bed break. Have you had any offer at all from the company you purchased it from etc...

missile

meer53 wrote: »

On what basis ?

OP has been ecconomical with the facts.

As has been explained, IF the goods were not of merchantable quality then LTSB are jointly liable for refund

meer53

missile wrote: »

OP has been ecconomical with the facts.

As has been explained, IF the goods were not of merchantable quality then LTSB are jointly liable for refund

Thats right, BUT, the OP's card issuer has declined to help with a dispute, and they say they are now claiming under Section 75 through Lloyds and that Lloyds have declined to help with this also. There is obviously a reason for this.

Without the TRUE story, it's no good advising someone to go down the Small Claims route. If the OP needs help with their options they should provide more information.