HSBC claim 118 day limit to claim under section 75?

dalesrider

Bettsduck wrote: »

Need some advice on this Dwell situation too, trying to decide the best route to go down as currently feel like credit card supplier (M&S Bank) pushing us to do Chargeback rather than claim under Section 75.

I stated numerous times I did not want to go down this route but to claim from them under section 75.

Chargeback is the better and easier route.
In these cases the only paperwork you may need is a letter from the administrator (duff & phelps) to prove non delivery.

For S75 you are going to have to prove breech of contract. That means providing things like T/C, proof of when delivery was for. Contact with company or their administrators stating that you will not be getting any products.

Let you card provider advise you. They are the people that deal with this day in day out. Just as I do.

I have had people argue that they only want to take the S75 route instead of the chargeback and months later they are still waiting for the case to be resolved.
had they taken the chargeback route, they would have had the funds back in days. :rotfl:

yangptangkipperbang

dalesrider wrote: »

Chargeback is the better and easier route.

It is clear from the problems in this thread that Chargeback is NOT "the better and easier route".

Sect 75 has the full backing of the Law. Chargeback depends on the Bank recovering ITS money from the retailer before paying the consumer. This could take months - even years. This is why the banks try and get consumers to accept chargeback and not bother with Sect 75.

dalesrider

yangptangkipperbang wrote: »

It is clear from the problems in this thread that Chargeback is NOT "the better and easier route".

Sect 75 has the full backing of the Law. Chargeback depends on the Bank recovering ITS money from the retailer before paying the consumer. This could take months - even years. This is why the banks try and get consumers to accept chargeback and not bother with Sect 75.

You clearly do not have any idea how either S75 or chargebacks work.

Chargeback = refund in a couple of days once actioned. Retailer has 45 days to reject.
Non receipt can be done with no paperwork in most cases.

Card provider claims the money back from the merchants bank. What the merchant bank then does is upto them and has no bearing on the customer getting a refund.

S75 = Customer having to provide docs to prove their case. No refund till card provider has come to a decision. Can be months...

Now which would you prefer?

Yes. S 75 is a legal right. Just the same as ALL your other legal consumer rights. And we all know how easy they are to work with....

The only issue with Dwell at the moment and this would effect either C/B or S75 is no one knows exactly what is going to happen to the company. They may still be back trading if someone comes in and takes them over.
If that happened, then all chargebacks or S75 could be claimed back on the basis or goods being provided.

Bettsduck

Thank you both for your input. I had a lengthy chat with them again today and feel like I understand C/B route better. As dalesrider says, they are providing me with the money back pretty much immediately and this credit will only be withdrawn if Dwell can prove delivery (which they cant). Plus the money comes from the merchants back and not them. They did also say that going down S75 would take months and they would not give me the temporary credit doing this. Finally, the reason its a 'temporary' credit is is Dwell suddenly get a buyer then deliver which would mean my claim is invalid.

Thanks all

grumbler

Bettsduck wrote: »

...Finally, the reason its a 'temporary' credit is is Dwell suddenly get a buyer then deliver which would mean my claim is invalid.

If they have missed the delivery already, they can't just deliver if/when they want.