Question about s75 Consumer Credit Act

takingtheleap

Last year I bought a custom built bicycle from the US. I paid using my Visa card. When the bike arrived, a number of parts had been changed to cheaper items and I had not been advised of this by the retailer. I had still been charged for the more expensive parts.

I raised a s75 claim with my card issuer. The retailer was not co-operating. However, the card issuer insists I must return the items to the retailer before any guarantee of refund. Secondly no one will pay the approx £200 return postage.

Can I insist on being refunded the postage as it is an expense I am incurring through no fault of my own? Can I insist on retaining the goods until I have a guarantee of a refund?

WTFH

When you realised they had been switched to cheaper parts, what did the retailer say?
How long ago did you receive the bike?

takingtheleap

He accepted some of the parts were not what I ordered, saying he didn't have the correct ones in stock when he was building the bike. He accepted they were not what I ordered and has indicated he will accept a return.

However, there is a sticking point in relation to other parts. He accepts they are not what I ordered but asserts they are "really" the same thing. A bit of investigation on my part indicates they are much cheaper parts. I asked him to identify exactly what the replacement part was called and he has avoided answering.

InsideInsurance

How much would it cost to replace the cheaper parts with what was ordered? How much could you sell the cheaper parts for after replacing them?

takingtheleap

It would cost approximately £700 to replace the cheaper parts. As I don't know what some of the partds actually are (brand/model) I would be reluctant to advertise them and may find it difficult to sell them on.

mo786uk

takingtheleap wrote: »

Last year I bought a custom built bicycle from the US. I paid using my Visa card. When the bike arrived, a number of parts had been changed to cheaper items and I had not been advised of this by the retailer. I had still been charged for the more expensive parts.

I raised a s75 claim with my card issuer. The retailer was not co-operating. However, the card issuer insists I must return the items to the retailer before any guarantee of refund. Secondly no one will pay the approx £200 return postage.

Can I insist on being refunded the postage as it is an expense I am incurring through no fault of my own? Can I insist on retaining the goods until I have a guarantee of a refund?

As they have admitted breach - if the USA shop is refusing to refund the money and you sue the card company

then yes you cna claim for the postage

not so sure of holding onto the bike - why not send it back and reclaim from card.

wealdroam

How about a little lateral thinking.

If under S75 of the CCA the Credit Card Co are jointly and severally liable, can you not return the bike to the CC Co?

I am sure they won't like that idea, but why not?