Barclaycard will not give refund for Amazon seller

angusn

In February I purchased a Nikon stills camera from third party seller on Amazon. In June I found the video function was not working, I had not tried that functionality before then. I contacted the seller several times but have had no response and I am beyond 90 days so cannot use the Amazon A-to-z Guarantee.

Now my credit card company (Barclaycard) is refusing my claim because they did not make the payment to the seller and "Amazon is a payment mechanism". Is this correct?

Any help appreciated.

Angus.

dazza.mk

angusn wrote: »

In February I purchased a Nikon stills camera from third party seller on Amazon. In June I found the video function was not working, I had not tried that functionality before then. I contacted the seller several times but have had no response and I am beyond 90 days so cannot use the Amazon A-to-z Guarantee.

Now my credit card company (Barclaycard) is refusing my claim because they did not make the payment to the seller and "Amazon is a payment mechanism". Is this correct?

Any help appreciated.

Angus.

Was it over £100 if so I'd take it to a formal complaint that it is a Section 75 claim and then to the ombudsman. you've got nothing to lose.

This is what the FOS says about Payment mechanisms:

"In some cases we see, the consumer has bought online, using a credit card on a website that uses a secure third-party payment system to process credit card payments.



Section 75 may not always apply to transactions made this way, because this payment mechanism can break the chain of arrangements that must be in place between the consumer, the lender and the supplier.



But there are many different types of payment mechanisms used on suppliers’ websites and not all of them prevent section 75 from applying. Where there is a dispute on this point, we look at the specific payment mechanism used and decide whether section 75 applies in the particular case."

http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html

bengalknights

As the purchase was made on cc it should be covered

dazza.mk

bengalknights wrote: »

As the purchase was made on cc it should be covered

It isn't as simple as that, if the payment had been made direct to the Seller then yes he would be covered (assuming it was over £100 which the OP didn't specify), but he used Amazon as an intermediary (see #2)

angusn

Thanks for your responses. The payment was for £155.

Should I next challenge Barclaycard or would I go straight to the ombudsman?

Angus.

pvt

Angus,

May seem a stupid question, but was the camera sold as new or used/second-hand?

bris

Amazon is classed as a third party to the transaction, just like paypal, so in effect you have no direct link with the seller. You would need to use the Amazon complaints procedure, but like Paypal it's useless outside their strict time limits.

angusn

pvt wrote: »

Angus,

May seem a stupid question, but was the camera sold as new or used/second-hand?

It was new and it was a Nikon Coolpix S9100

withabix

Most camera manufacturers will deal with warranty repairs themselves.

Have you tried this, or was it a grey import?

giblet10

From personal experience Nikon warranty claims are very easy - they're a good company to deal with..

Anthorn

angusn wrote: »

Thanks for your responses. The payment was for £155.

Should I next challenge Barclaycard or would I go straight to the ombudsman?

Angus.

You can't take it to the Financial Services Ombudsman until you give Barclaycard a chance to respond with their decision. This means going through Barclaycard's complaints procedure first. Then if you are dissatisfied with Barclaycard's decision you can take it to the ombudsman.