Can I claim under section 75? HELP!

atech1

Hello,

I would really like some help, my partner bought some kitchen equipment off a door to door seller for £200, thinking it was a bargain. I have since discovered that this is a scam with the website being fake and the equipment of poor quality.

I have tried contacting the company but it's no surprise that they haven't contacted me back. The only saving grace is that he payed by credit card. Would I be able to claim against section 75 and get his money back?

Ebe_Scrooge

It depends - what was the "equipment" ? S75 will cover you if the goods cost more than £100 and were "misrepresented". You may have to prove that the goods were not of a satisfactory quality, taking into account the price paid. And, perhaps more crucially - each item must be over £100 to qualify for S75 protection. So, for instance, if you bought one washing machine for £200 then fine. But if you bought 4 irons each of which cost £50 then S75 won't cover you.

atech1

Hi thanks for your reply, It was for a set of knives and a set of saucepans that came together and so was £200 for the lot. In terms of their quality, the knives are pretty blunt, there are many spelling mistakes on the packaging and they just don't seem to be of the quality stated for example. Considering that the supposed 'RRP' (if there is one) was £1200.

SnowTiger

http://www.which.co.uk/consumer-rights/problem/ive-been-mis-led-by-a-doorstep-seller-what-should-i-do:

New doorstep selling rules

For all doorstep sales made on, or after, 13 June 2014, the new Consumer Contracts Regulations apply, replacing the Doorstep Selling Regulations.

You are protected when you take out a contract when a salesperson comes to your home, place of work or during an excursion arranged by the company.

You also have protection when you take out a contract during off-premises sales.

Cancelling doorstep sales

The cancellation period for buying goods on your doorstep has been extended from seven days to 14 calendar days after the delivery of your goods.

If the items were delivered up to fourteen days ago you can back out of the contract, making a Section 75 claim if you wish.

If the items were delivered more than fourteen days ago things get more tricky, but you can still try a Section 75 claim.

atech1

We bought them on the spot so were delivered immediately if that makes a difference?

atech1

This happened yesterday if it's any help.

than_prutt

SnowTiger wrote: »

http://www.which.co.uk/consumer-rights/problem/ive-been-mis-led-by-a-doorstep-seller-what-should-i-do:



If the items were delivered up to fourteen days ago you can back out of the contract, making a Section 75 claim if you wish.

If the items were delivered more than fourteen days ago things get more tricky, but you can still try a Section 75 claim.

Yes, but I think the problem OP faces will be getting in touch with the seller or getting them to contact back. I won't be surprised if they have totally disappeared. Does the website still exist?

atech1

as i am a new user I can't share the address but if you google stahl group corporation you can find it!

This is the website, even reading it, it seems fake!

Ebe_Scrooge

My word, that is one shoddy website !! A primary school child could write with better grammar.


OP, I think the best advice is to contact your card company and ask whether you'll be covered. I must admit I'm not 100% sure whether the fact that you bought a "set" of items would mean S75 is not applicable.


However, even if S75 doesn't cover you, it's worth then attempting a chargeback. Again, you'll need to speak to your card company for advice. But it's definitely worth asking.

eddddy

Under the terms of The Consumer Contracts Regulations, the doorstep seller should have provided contact details, cancellation rights, details of how to cancel etc.

If they didn't they are automatically in breach of contract. So you can ask your CC provider to do a chargeback due to breach of contract.


If they did provide details of cancellation rights, how to cancel etc - you have 14 days to follow those instructions. If you follow those instructions, but you don't get a refund - again the seller is in breach of contract. So ask the CC provider for a chargeback.

Ebe_Scrooge

That's very useful info, Eddddy, I wasn't aware of that, thanks :beer: