Need advice on proving goods were faulty

pearmelon

What did you buy?
Tablet PC

When did you buy it?
Transaction was made in Oct-2012, then it took about 2 months to get a replacement

Where from?
Overseas website

How did you pay? (cash/cheque/debit card/credit card etc)
Credit card

What went wrong?
Item was faulty, replacement was also faulty, unable to get a refund.

What solution or remedy are you looking for?
Looking for a full refund including consequential losses (customs duty and return postage).
Made a claim under Section 75 of Consumer Credit Act


I bought a tablet PC from an overseas website, but it had problems with the battery and the screen when I received it, so the seller sent me a replacement afte I returned the original unit, but the replacement unit had problems with charging and the screen problem was still there but less severe, the seller said the charging problem could be caused by faulty battery so they proposed to send me a new battery, I replied asking how to replace the battery (as there were no screws or buttons to open the case) and how to fix the screen problem, but they didn't reply, I left them an online message a few days later, but still no response.

So I made a claim under Section 75 of Consumer Credit Act, and I included the latest communications I had with the seller, my credit card company told me that they had asked the seller's bank to investigate, they also asked me to provide an independent report from a specialist that substantiates the faults I raised. I think they're trying to use chargeback to reverse the transaction.

Where can I find such specialists in London and how much does it cost to produce such report and whether the cost could be included in the claim?

Is a specialist really necessary given that the battery charging problem is very obvious, the battery level just remained at 1%-6% after more than 10 hours charging.

I was looking into Sale of Goods Act which states that within the first six months, it's the seller's responsibility to prove the goods weren't faulty, but I'm not sure if it's applicable here as the goods were bought on an overseas website and my claim is under Section 75 of the Consumer Credit Act (but my credit card company seems to be using chargeback at the moment).

What shall I do now?

wealdroam

You are right that during the first six months after purchase it is for the seller to prove that the fault is not inherent, not for you to prove that it is.

S75 makes the CC Co equally responsible with the seller for performance of the contract.
It is therefore for the credit card company to prove that the fault is not inherent.

I would be writing again to the CC Co reminding them of this.

pmduk

Point out they'd be liable for the cost of any independent report equally with the retailer.

SuperHan

Everything said above is correct, but you may struggle getting a resolution under the SoGA for an overseas company, because they don't care a button if you say you're going to take them to the UK courts, because they're not going to turn up or settle any claim.

I can't imagine a report would cost more than 20 or 30 pounds, and I imagine any PC repair shop would do write such a report for you. These won't be hard to find in London I don't imagine, a quick google search for an independent PC retailer/repairer in your area will probably do the trick!

pearmelon

Thank you all for the advice.

dalesrider

wealdroam wrote: »

S75 makes the CC Co equally responsible with the seller for performance of the contract.
It is therefore for the credit card company to prove that the fault is not inherent.

I would be writing again to the CC Co reminding them of this.

Providing the item price was more than £100 and this cannot include P&P etc.....

The OP included just about ALL information required. Except the proce of the item...
Which to mention S75 a dangerous place to be. As the OP could look really silly if he calls his card provider.

Sale of goods act. Does this cover purchases from overseas. I have a sneeky feeling that this is a non EU site and would guess at being in China. Given import duties are quoted.
Just what are their regulations?

pearmelon

The price is above £100 excluding P&P. I mentioned SoGA because that's the regulation that mentioned it's the seller's responsibility to prove the goods weren't faulty within 6 months of purchase, and I wasn't sure if S75 had similar rules.

dalesrider

pearmelon wrote: »

The price is above £100 excluding P&P. I mentioned SoGA because that's the regulation that mentioned it's the seller's responsibility to prove the goods weren't faulty within 6 months of purchase, and I wasn't sure if S75 had similar rules.

NO. S75 covers. breach of contract & misrepresentation.

Ring your card provider and have a word with their disputes department.