Section 75

jayjsmum

I placed an order with a company for 2 quads, now 1 arrived faulty and the other was the wrong colour. After various attempts to contact the company they have failed to respond. I have even asked them to pick up the quads at a time convenient to themselves.

I contacted my credit card company who have asked me to prove that 1 is faulty and the other is the wrong colour. I asked if pictures would be enough but they have advised no.

The credit card company want me to get my quads transported to a quad shop over 50 miles away to get a letter on headed note paper to advise the quad is faulty and 1 is the wrong colour. I have no local services that can assist me.

Is this correct? Should I have to prove it is faulty? Surely that is up to the retailer to prove? Plus I would think that a photograph of a quad which is yellow and on the order form it was a blue quad that was ordered, that should be suffice?

Could someone advise me if this is correct?

Westminster

Take a read of this: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#how

Sometimes the credit card company will ask you to get independent verification of a fault. If it asks for this, and then approves the claim, it should also reimburse you for costs incurred in getting the expert opinion. Most claims go ahead without this, but it's a possibility your lender will ask.

Westminster

Out of interest - did you refuse to accept the delivery of the wrong colour one (and I suppose, if the fault was obvious at time of delivery, you could have refused delivery of that one too).

grumbler

First of all, why s75, not chargeback? What sort of 'guards'? How is it 'faulty'?

Generally yes, you have to prove that it's faulty unless it's obvious. Hardly a surprise.
The same with the colour.
However, for distant purchases do you not have 14 days' cooling off period, no questions asked?

For a chargeback and Visa:

Chargeback Reason Codes
...
Reason Code 53: Not as Described or Defective Merchandise
Definition
The card issuer received a notice from the cardholder stating that the goods or
services were:
• Received damaged, defective, not the same as shown and/or described
on-screen (for Internet transactions), as described on the transaction receipt or other documentation presented to the cardholder at the time of the transaction.
• Not the same as the merchant’s verbal description (for a telephone transaction).
• Unsuitable for the purpose in which it was sold.

For this reason code, the cardholder must have made a valid attempt to resolve the dispute or return the merchandise.
An example of a valid attempt to return may be to request that the merchant retrieve the goods at the merchant’s own expense.
Most Common Causes
The merchant:
• Sent the wrong merchandise to the cardholder.
• Sent the merchandise, but it was damaged during shipment.
• Inaccurately described the merchandise or services

https://www.visa-asia.com/ap/sg/merchants/include/chargeback_management_guidelines_for_visa_merchants.pdf
So, your CC company is giving you runaround at least on one count.

MSE articles:

• Section 75 refunds
• Visa, Mastercard & Amex Chargeback

jayjsmum

Thanks Westminster. The items were well packaged and the issues were not identified until the day after. I have raised this with them from that day.

It is clear that the item cannot be used, the handle bars are not able to attach to the quad due to bolts missing etc.

Grumbler - the quads were over #100 so I believe I cannot ask for a Chargeback? Only Section 75 request.

The quads are huge, this is going to be a great expense to me to get them picked up by a delivery company, I don't even know where I would begin to package them up. Then to have them transported to the garage 40 miles away and then pay for them to inspect it and then for me to have it delivered back. It will probably cost more than the quads themselves to be honest.

I feel the credit card company are just wanting me to back out, but I'm left with items I cannot use.

grumbler

jayjsmum wrote: »

Grumbler - the quads were over #100 so I believe I cannot ask for a Chargeback?

Why?
You can.

However, with s75 claim you can threaten them with legal actions. I don't think that they have a leg to stand on. Send them a letter before action and see what they do.

jayjsmum

I have got the emails which I have sent to the company advising of the issue and to pick up the item. I asked them if I could send them photographs which clearly show the item is unable to be used, but they want a reputable organisation to examine the quad?

I am communicating with them via email so will I reiterate my rights to them?

grumbler

I think wrong colour is a sufficient reason that hardly needs an 'examination'. Were two guards ordered as a set? If so the difference in colours is far more easy to demonstrate.

You can tell them that you can get a report/examination, but ultimately it's they who will pay for it if the report proves your point. And make it clear that you don't care whether it's s75 or a chargeback, while for them the latter is simpler and doesn't cost anything. It's not uncommon for the incompetent staff not to know the difference between s75 claim and chargeback.

MSE wrote:

It's worth noting most bank staff don't really know about this procedure [chargeback], so you may need to explain it to them.