Section 75 - does trader T&Cs absolve them of responsibility ?

cj_kelly

I've filed a section 75 claim with my CC company as I didn't receive the goods from a trader when I purchased online. The CC have asked for a copy of the trader's T&Cs. I've sent it to them, and I've seen that there is a section that states:

"We will not replace or refund items lost in the post unless Special Delivery has been selected and payed for."

I selected standard delivery, which is why my initial dealings with the trader (before I filed a section 75 claim) were unsuccessful.

Does this also mean that the CC company will not be obligated to refund my purchase amount ?

chanz4

why not claim on the post office then

chattychappy

S75 merely holds a CC jointly and liable for breach of contract or misrepresentation. So in theory, if T+Cs get a merchant off the hook, then they would get the CC off the hook.

But T+Cs are not necessarily enforceable. Was this trader dealing commercially or was it a private trader? Did you pay the trader directly or was it via Paypal (etc.. in which case S75 probably doesn't apply anyway)?

The CC might be able to use the chargeback facility to return the money to you given the non-receipt of goods. If, however, the money was due under the contract then the merchant could still pursue you for the money directly.

molerat

Nothing to do with the post office, that is for the trader to pursue to recover their loss. The trader is responsible for delivering the goods irrespective of any t&cs that state otherwise. The cc is jointly responsible under s75 if the article is over £100 and even if under a chargeback can be actioned. The traders t&cs do not override their responsibity in law. An alternative is a dsr cancellation.

cj_kelly

It was a commercial trader and the value of the goods is over £100.

How might I go about cancelling the order using the DSR ? I doubt the trader would be willing to do this, and it has been more than 7 days (it's been a month-and-a-half) since I placed the order.

Hopefully it won't come to this. My CC is still assessing my claim and I'm hoping the outcome will be positive. Perhaps I should wait to see what the outcome is before posting any more speculative questions.

Thanks for your answers. Very useful.

opinions4u

I'd hazard a guess that condition is not enforceable in law.

dalesrider

cj_kelly wrote: »

It was a commercial trader and the value of the goods is over £100.

So while within S75. It is not the best option.

cj_kelly wrote: »

How might I go about cancelling the order using the DSR ? I doubt the trader would be willing to do this, and it has been more than 7 days (it's been a month-and-a-half) since I placed the order.

Given you are over 15 days, since the debit onto your card.
You have a chargeback right for NON RECIEPT of goods.

I would advise against cancelling as that then takes out any dispute for non receipt of goods.

cj_kelly wrote: »

Hopefully it won't come to this. My CC is still assessing my claim and I'm hoping the outcome will be positive. Perhaps I should wait to see what the outcome is before posting any more speculative questions.

Thanks for your answers. Very useful.

Once again someone has been misadvised about the best way forward.

Did you not explain the situation to the disputes department of your card provider?
Or did you simply send in one of the stupid template forms that sites like these host.

I would love to know which route you took.....

cj_kelly

Dalesrider,

No template form. I emailed the CC disputes department and gave them details - date of purchase, what was purchased, invoice, copy of their T&Cs, explained that I hadn't received goods, and copies of correspondence between me and the trader.

What do you think would be the best way forward ?

How, and through whom, would I apply for a chargeback ?

dalesrider

cj_kelly wrote: »

Dalesrider,

No template form. I emailed the CC disputes department and gave them details - date of purchase, what was purchased, invoice, copy of their T&Cs, explained that I hadn't received goods, and copies of correspondence between me and the trader.

What do you think would be the best way forward ?

How, and through whom, would I apply for a chargeback ?

Ring your card provider and ask for the disputes team. Don't let the front line fob you off......

This is a nice and simple chargeback for non receipt (Visa Does not even require paperwork). Delivery method will not come into play and a retailer cannot use that as a excuse to worm their way out.
Only way they can reject a non receipt chargeback is via proof of delivery.
Sadly the fact that they offer non recorded options is THEIR fault.

If your card provider will not take it forward because of the retailer T/C then you will have to raise a COMPLAINT. You will also have to let this go to their customer relations team. Who should tell the disputes lot to action the c/b and see what happens.

TBH.
I would advise anyone to call their card provider with issues. NOT write.
We had a recent case of someone writing in and because they would not respond to ANY messages. They lost the right to claim the money back.

cj_kelly

I phoned initially and was asked to email in details, such as invoices, etc., so I did. I thought chargebacks were specific to Visa debit cards, but I must have been mistaken. I assume it applies to Mastercard credit cards also ?

I'll await the outcome of the section 75 claim first. Hopefully it will be a positive one. If not, I'll enquire about chargeback or lodge a complaint.

Thanks for your advice. It's very useful. It sounds like you know more than I do about these things.

dalesrider

MasterCard have chargeback rights as well.

List Here


In your case 4855 is non-receipt as goods.

I can't see why they have not actioned the 55. As chargebacks have a limited timespan 120 days and S75 is 6 years.

Was it the disputes team you spoke to or just the front line call center?

This stuff is bread and butter to me.