Section 75 claim

JCOOGAN77

Hi, sorry if this is not the correct place.

We began a section 75 claim against Aqua in January. We had to provide all the relevant documents and such and finally had to get an independent report on the furniture we purchased. This confirmed we were mis-sold out sofas as they are not 100% real leather as described in the advertisement. We had contacted the original retailer who basically told us to do one. Aqua have now accepted we are due a refund and will add the interest and furniture report cost on top, however they say we have to wait until the original retailer refunds them.

My questions
1. As our section 75 claim is with Aqua, why do we have to wait for the retailer to refund Aqua?
2. Aqua have told us to stop contacting them, when they hear anything they will let us know, this has been 5 months, at what point do we go to the financial ombudsman?

Thanks in advance and again sorry if this is not the correct place.

bigadaj

If they say they are waiting for the money back from the retailer then it sounds like they have done a chargeback rather than a section75 claim.

Over that timeframe then just progress it to the ombudsman, they have eight weeks to deal with complaints.

grumbler

bigadaj wrote: »

If they say they are waiting for the money back from the retailer then it sounds like they have done a chargeback rather than a section75 claim.

And even for a chargeback, they take money from the retailer's bank, not from the retailer.
However, chargeback can't cover the interest and the cost of the report.
For s75 claim Aqua have to pay from their own pocket and then may or may not recover (part of) this amount from the retailer.

So, it looks to me that Aqua are giving OP the runaround.

I think it's worth starting a complaint ASAP.

@OP:

• Section 75 refunds
• Visa, Mastercard & Amex Chargeback
• How to complain

JCOOGAN77

Thanks both for the reply, we believe that they are trying to do a chargeback as well and think they are just stalling us. Do we not have to wait for a letter of deadlock before going to the ombudsman?

Thanks

grumbler

Yes, it's either a letter or 8 weeks.