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Section 75 Claim, experiences/advice

I recently purchased a diamond ring in the carribbean, the gold has cracked on the ring.

I emailed the jeweller but have not had a response so I contacted Mint as I used my credit card for the purchase. So far they have not been very helpful, On their instruction Ive been to 3 jewellers for a quote to repair the ring, non of whome were willing to do the work without me signing a disclaimer in case the setting of the stones are affected.

Ive spoken with Mint again and have now emailed them formally about the matter along with copies of my email to the retailer, photo's of the crack and my original receipts and valuation certificates.

I have never claimed on my credit card insurance before so wondered if you can share you experiences, am I likely to get a succesful replacement or refund ?

Comments

  • eddddy
    eddddy Posts: 18,570 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Just a few comments, which may help you...

    Section 75 makes the cc company jointly liable for misrepresentation or breach of contract. You made the contract in the Caribbean, so their local contract laws apply.

    If you made the contract in the UK (i.e. bought the ring in the UK), the contract would include the terms of Sales of Goods Act - e.g. you could argue that the ring was not 'fit for purpose'. But they may not have equivalent laws in the Caribbean.

    So you probably need to argue that there was breach of contract in that the goods are not of satisfactory quality (and be prepared for an argument about how 'satisfactory quality' is defined.)
  • LAE
    LAE Posts: 18 Forumite
    Tenth Anniversary Combo Breaker
    Thanks for the reply eddddy. From what I have read I understood that Section 75 would cover me for foreign transactions which includes purchases whilst abroad, so I had not considered that I would have to look into their local consumer law.

    Will do some research on that. Thank you
  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 18 January 2015 at 2:54PM
    photos, NOT photo's.

    Section 75 protection isn't an "insurance": Section 75 refunds. Don't be surprised if the CC company use every excuse for rejecting your claim and ultimately you have to take the case to FOS or a court.

    Re experience, see this recent thread: Visa debit card - section 75??? (the common point was jewelry bought abroad, but it went OOT into debit/credit card debate).

    I hope you did pay custom duty when importing the ring to UK if it cost more than £390.
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