2015 Consumer Rights Act & CC Section 75 Refund Question

Dreddnarz

shaun_from_Africa wrote: »

At the moment, the retailer still has the money as it will be the credit card company that refunded you.
You should contact your card issuer and ask them when/if they are going to collect the bike as it's now their property.

So the credit card company now saying the issue of the item itself is between me and the retailer is a load of rubbish?

This is so annoying, it's the post office credit card (bank of Ireland) and in no part of this whole thing have I been able to speak to the actual refunds department, they keep them hidden behind the normal customer service reps and refuse to put you through directly.

I guess I'll send another letter to the CC asking them about collecting the item them.

shaun_from_Africa

Was it definitely a S75 claim and not a chargeback?


With a chargeback, the payment is reclaimed from the retailer and in that case, the goods belong to them,
With a S75 claim, the credit company refunds you from their own account and then it's up to them whether or not they attempt to recover the money from the retailer.


You really need a definitive written answer from the credit card company stating who now has legal title to the bike.

Dreddnarz

I requested a S75 claim in my initial letter to the credit card, but they had mentioned the word 'chargeback' in a subsequent reply to me.
So in all honesty I don't know how they have actually given the money back to me.

I will write them a further letter and ask for them to clarify.

Thanks.

Dreddnarz

So I've just checked the CC statement and it's definitely showing as a chargeback from the retailer themselves.

I was very clear with the CC that while the item was faulty it was still in my possession (as the retailer were refusing to physically accept it back), but they have still issued it as a chargeback.

What position does this now put me in?
I have sent a follow up email to the retailer once again telling them I now have the full refund and am waiting for them to accept taking the item back, but so far I haven't heard anything from them.

Any advice is appreciated.
Thanks.

shaun_from_Africa

There is a process that businesses must follow when disposing of uncollected goods (it's in the "Torts (interference with goods) act 1977"), and whilst you are not a business, it wouldn't be a bad idea to follow the same process.

Basically you have to write to the owner of the goods (send signed for and keep a copy of the letter and proof of delivery or proof of postage). In the letter, explain what has happened and that you wish for them to collect their bike and give them a time and date when they can collect.

If they don't respond or don't collect the bike, send another letter with the same info as above and also inform them that unless the bike is collected by a set date (giving them reasonable time to arrange collection), you will be selling it, giving the date of the sale.

If/when you do sell it, you must attempt to get a reasonable amount (ie, you can't sell to a mate for a few quid).
The money from the sale belongs to the retailer but you can deduct the costs incurred in advertising and selling the bike.

Hopefully this won't happen and the first letter will get a response from the retailer.