Section 75 Question

Aesir_2

Hello,

I recently made a purchase for "research chemicals" that were over the cost of £100 on my credit card. I am sure that they are fake as the pellets dissolve in water in a similar way to fake pharmaceutical tablets do, also they produced no effects in my "animal testing".

Unfortunately I can't prove this without a lab and I'm wondering if there's anyway I can go about getting a refund?

In case you're worried this is all legal.

chattychappy

Based on what you say, there was a breach of contract so the supplier is liable and because of S75, so is the CC.

The problem will getting the payout. I'm guessing the supplier might be overseas, so that could be difficult. In the case of the CC, the usual drill seems to be that they do nothing to investigate and demand expert reports, even if it is otherwise obvious there was a breach. I'm sure many people simply give up. I believe the FOS has said that where a report is demanded by a CC and the claim is satisfied, then they would expect the CC to cover the cost. (Not sure of this.)

If you sued the CC, it would be for a judge to decide whether to accept what you say. In small claims, they can be quite flexible. I can even imagine some judges might accept a demo - pellet, glass of water, a spoon, watching it dissolve and a scientific reference to say that it shouldn't. BUT, quite possibly pre-hearing the CC would demand that an expert report is produced and the court might agree. In some cases, a claim that would otherwise be small claim can be elevated to another track because of the complexity of evidence.

How much money are we talking about?

redpete

Have you contacted the supplier at all?

Aesir_2

redpete wrote: »

Have you contacted the supplier at all?

I've tried contacting through email but there has been no reply for 3 days when they normally reply by the next business day which makes me even more suspicious.

It's not a large amount of money, only just enough to get over the Section 75 line, £150. But I'm mainly worried that the CC will expect me to get a lab report (which I expect costs a lot more than £150) if the retailer doesn't want to talk.

chanz4

are you a business?

jonesMUFCforever

Aesir wrote: »

I've tried contacting through email but there has been no reply for 3 days when they normally reply by the next business day which makes me even more suspicious.

It's not a large amount of money, only just enough to get over the Section 75 line, £150. But I'm mainly worried that the CC will expect me to get a lab report (which I expect costs a lot more than £150) if the retailer doesn't want to talk.

I think you are right to be concerned that a lab report may be required - this could well be the case or they might consider for £150 that it will be easier for them to pay up to get rid of you.
Only way is to ask them and take it from there.

planteria

Aesir wrote: »

"research chemicals" and "animal testing"

:question::question::undecided:T

dalesrider

Aesir wrote: »

It's not a large amount of money, only just enough to get over the Section 75 line, £150. But I'm mainly worried that the CC will expect me to get a lab report (which I expect costs a lot more than £150) if the retailer doesn't want to talk.

Is the £150 the total purchase price?
What was the per item price?
If they came in packs that cost £15 each and you bought 10. Then you are not covered under S75.

And YES you would need to get a lab report to prove your case. If proved then you would get that back in your claim.