Nationwide Visa Section 75 delays

David_Morris_3

I have returned faulty goods to the tune of £5999 to a retailer who refused a refund adn has given no reason as to why. I wrote to Nationwide whose Visa credit card I used for the purchase and on the 23rd of June this was sent to their disputes section.

Since then the case has not been picked up. I have called them three times and each time been told that the case has not been looked at, in the last phone call [19th August] they stated that they were still working on cases from the 23rd of July.

The FSC guidelines require a resolution of the case to be completed within 8 weeks. Nationwide have exceeded this and not even begun the investigation, so I have complained to the FSC. If anyone else is in this position it will be worth complaining to the FSC as that may get Nationwide to start meeting the standards they should.

I also emailed Money Box and I'll be cancelling my credit card and moving my ISA because of the poor service.

dj1471

I'm not sure the Forest Stewardship Council will be much help with your complaint.

If you meant the Financial Ombudsmen Service, you have to have made an official complaint with Nationwide first and it doesn't sound like you've done that.

jonesMUFCforever

Complaints have to be sorted within 8 weeks.
A section 75 claim is not a complaint.

Do you think your case is more worthy than the ones in front of you?
Do you think they will just credit you back with six grand on your say so?
They will need to investigate and you will need to be patient.

grumbler

S75 doesn't give you a right for an automatic refund.

Why S75 in the first place, not a chargeback?
Were the goods faulty when delivered? Do you have proofs that they were faulty? Do you have proofs of posting them back?
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MSE articles:

• Visa, Mastercard & Amex Chargeback
• Section 75 refunds

David_Morris_3

In reply:

I'm not sure the Forest Stewardship Council will be much help with your complaint.

If you meant the Financial Ombudsmen Service, you have to have made an official complaint with Nationwide first and it doesn't sound like you've done that.

I have complained to the Nationwide by phone and in writing. FSC/FOS indeed my error!

Complaints have to be sorted within 8 weeks.
A section 75 claim is not a complaint.

Do you think your case is more worthy than the ones in front of you?
Do you think they will just credit you back with six grand on your say so?
They will need to investigate and you will need to be patient.

The letter from the Nationwide [June] stated that it was being looked into, obviously it wasn't and still hasn't been-as the cases in front of mine will have all been told the same, that it is being investigated, this is not true in my case and probably isn't in others. With a retailer refusing a refund and will no doubt dig their heels in during the investigation I am out of pocket as I always settle my card in full.

I took the advice from the Nationwide to start a Sec 75 Dispute. While I don't expect my cash bacck just because I say so...

S75 doesn't give you a right for an automatic refund.

Why S75 in the first place, not a chargeback?

Were the goods faulty when delivered? Do you have proofs that they were faulty? Do you have proofs of posting them back?

The items were collected by the retailer in a van with their name all over it. I also have a lot of emails of them confirming they have received the items and still refusing a refund and my listing, with photos, all the defects. The retailer has finally [today] stated that a refund has been refused as it is against their warranty policy!

skater_kat

Tesco cc took 8 months to resolve my s75 claim. i took them to the ombudsman for the delay and the ombusman awarded me £100 for tesco's unecessary delay.

bris

S75 still might not work because they have the right to provide a remedy for the problems. The bank also has this right so until the breach is absolute you don't just get your money back.


You said the items were collected, I will assume it's to repair or replace the goods as per the warranty, if not then why collect them?

grumbler

David_Morris wrote: »

Why S75 in the first place, not a chargeback?
...
The items were collected by the retailer in a van with their name all over it. I also have a lot of emails of them confirming they have received the items and still refusing a refund and my listing, with photos, all the defects. The retailer has finally [today] stated that a refund has been refused as it is against their warranty policy!

I don't see why it has to be s75 claim then. As for such claims CC companies pay from their own pockets, understandably s75 claims require much more rigorous consideration than simple chargeback claims.

chattychappy

grumbler wrote: »

I don't see why it has to be s75 claim then. As for such claims CC companies pay from their own pockets, understandably s75 claims require much more rigorous consideration than simple chargeback claims.

Agree. But S75 gives the OP the legal basis for a claim against the CC (if indeed there is a right to refund in this case). There is nothing to stop the CC recovering via chargeback if this is available. Chargeback doesn't give the OP any rights, it's a scheme operated by the networks. That said, the FOS has said that given the existence of the chargeback, it would be unfair if the CCs didn't action a chargeback to assist a cardholder in appropriate circumstances.

If I was sure of my grounds, I'd go the small claims route (suing both the merchant and Nationwide jointly).

grumbler

bris wrote: »

S75 still might not work because they have the right to provide a remedy for the problems.

If the problems/faults are from the very start, the customer has the right to reject the goods.