Need adivce about section 75

Reme86

Under section 75 it says things about paypal making you lose your rights and the card company can refuse to pay out, however if paypal was used to recieve funds without you knowing on a purchase, and only to be found out after purchase, what can you do?

grumbler

See this thread with some discussion and other links: Section 75 claims where Sage is the middle agent

Reme86

Im confused a little, does this mean they were right to reject my claim, or do I really have a case, because the seller definitely used this loophole to try and avoid section 75

grumbler

Reme86 wrote: »

Im confused a little, does this mean they were right to reject my claim,

Generally, yes, although this is grey, not black/white. I'd say dark grey, i.e. your chances are slim.

or do I really have a case, because the seller definitely used this loophole to try and avoid section 75

The seller didn't use any loophole and didn't need to as s75 claims are against the CC company, not the retailer.

Some more reading: Warning! Don't use paypal to pay on a credit card

Is chargeback not possible? - Visa, Mastercard & Amex Chargeback

Reme86

As far as im aware chargeback is only valid for 60 days, so this is useless and so any faults would still be covered under warranty then. it just seems so wrong how the seller can take money through paypal only for you to find out afterwards, and then lose your claim if something goes wrong.

Reme86

My claim was rejected on the groudns of we used paypal for the transaction, but we did not sign in to paypal, nor did we know about it till recieving a reciept some months later.

grumbler

Reme86 wrote: »

As far as im aware chargeback is only valid for 60 days,

Do you read anything linked? It's 120 days, not 60.

so this is useless and so any faults would still be covered under warranty then.

I don't see how warranty is relevant.
Under the Consumer Rights Act you can reject a faulty item within 30 days (in most cases). After this a fault can't be a reason for chargeback or s75 claim unless the supplier refuses to repair/replace. The manufacturer's warranty has no legal bearing AFAIK.

it just seems so wrong how the seller can take money through paypal only for you to find out afterwards, and then lose your claim if something goes wrong.

I am curios what retailer it was. If it was online, then most likely there was some indication of Paypal that you failed to notice.

Reme86

you are missing the point of what I am saying, 120 days is not a long enough length of time, because a warranty is 1 year minimum, why would anyone go to the hassle of claiming if their warranty covered them. the mention of paypal on the site does not state that credit cards are to be used with paypal, more that its an alternative to paying via debit/credit card.

grumbler

Reme86 wrote: »

you are missing the point of what I am saying, 120 days is not a long enough length of time, because a warranty is 1 year minimum,

I've never heard of "1 year minimum" for warranties.

why would anyone go to the hassle of claiming if their warranty covered them. the mention of paypal on the site does not state that credit cards are to be used with paypal, more that its an alternative to paying via debit/credit card.

Well, it's just your word as you keep secret what retailer it was. And can you not sue the retailer directly (instead of CC) if it fails for fulfil its obligations under SoGA (not CRA if the purchase was more than a year ago)?

Reme86

its ultraboooks.com

before buying from them we tried researching them and we only found positive reviews so we thought they were an okay site, we paid with credit card to try and get section 75 protection, however its only after serious faults a year later, that we realised what had happened and when looking in detail at the websites domain etc. they do not seem very legitimate and more negative reviews have surfaced.

JoannaGrime

Grumbler I see what you are saying but I looked on the website and nowhere on the site does it say it goes through Paypal except only when you select PayPal. It doesn't say anywhere that when you pay by debit/credit card that it will go through PayPal. I think Reme86 has a claim because surely a company has to state that they put payments through PayPal and they are in full knowledge of this and still allow their customers to do this. It is not their fault that the laptop broke and a normal company like John Lewis would immediately sort out the issue and offer a refund. I believe this company knows full well what they are doing :hello: