Need adivce about section 75

JoannaGrime

I know Reme86 and I looked this up from researching through the Citizens Advice Bureau or Which, the product Reme86 bought was a £2000 laptop known as a luxury item. I saw that it said that being a luxury item it should last a certain amount of time as he spent over £2000 and if it goes out of warranty then he has a claim as the product should still be in working function. I think its unreasonable to spend over £2000 on a laptop which was only bought as it has high specs and thought it would last to then break especially after it was sent for repair a couple months before. The reason he wants a refund is because the laptop model itself is known as prone to breaking but he could not have known this before because it was a new model and he would not have bought it if he knew.

grumbler

JoannaGrime wrote: »

I know Reme86 and I looked this up from researching through the Citizens Advice Bureau or Which, the product Reme86 bought was a £2000 laptop known as a luxury item. I saw that it said that being a luxury item it should last a certain amount of time as he spent over £2000 and if it goes out of warranty then he has a claim as the product should still be in working function. I think its unreasonable to spend over £2000 on a laptop which was only bought as it has high specs and thought it would last to then break especially after it was sent for repair a couple months before. The reason he wants a refund is because the laptop model itself is known as prone to breaking but he could not have known this before because it was a new model and he would not have bought it if he knew.

See Reme's previous thread: Need help/advice here about section 75

Most likely it's impossible to sue this company in UK, not to mention enforcing the court judgement.

JoannaGrime

But he doesn't want to sue the company or anything, he wants the bank to accept the claim and get the money back for him and plus the point is that Ultrabooks is misleading. In the FAQs when it says the payment methods it does not explicitly state nor imply that the credit card payments would go through PayPal and they make it seem as if it's a separate option, if it said that the payment would go through PayPal then he wouldn't have bought it from there. Also the website makes it seem like the company is based in the UK with a London address and phone number but upon further research you see that they are actually a company based in Luxembourg where their office is. When he emailed the company on its website it states that it will check to see if the product bought is faulty can be repaired/returned or replaced yet when he emailed them asking for them to do something they were quick to say there was nothing they could do rather than honor what they say on the website. Nowhere does it state that laptops can't be returned, only if its faulty so he could send an invoice from a repair company which do tests to see if the laptop is faulty so therefore get a return. So its not impossible to get a full refund if the laptop is in fact faulty, judging by the laptop models history which Reme86 could not have known when he bought it then it will come back faulty.

bigadaj

JoannaGrime wrote: »

But he doesn't want to sue the company or anything, he wants the bank to accept the claim and get the money back for him and plus the point is that Ultrabooks is misleading. In the FAQs when it says the payment methods it does not explicitly state nor imply that the credit card payments would go through PayPal and they make it seem as if it's a separate option, if it said that the payment would go through PayPal then he wouldn't have bought it from there. Also the website makes it seem like the company is based in the UK with a London address and phone number but upon further research you see that they are actually a company based in Luxembourg where their office is. When he emailed the company on its website it states that it will check to see if the product bought is faulty can be repaired/returned or replaced yet when he emailed them asking for them to do something they were quick to say there was nothing they could do rather than honor what they say on the website. Nowhere does it state that laptops can't be returned, only if its faulty so he could send an invoice from a repair company which do tests to see if the laptop is faulty so therefore get a return. So its not impossible to get a full refund if the laptop is in fact faulty, judging by the laptop models history which Reme86 could not have known when he bought it then it will come back faulty.

So shouldn't he have done a bit more research prior to spending a significant amount in the computer?

The money has been paid and the Company isn't uk based, which means the bank will have to be pay from their own pockets as they wont be successful in doing a chargeback. Unsurprisingly the bank aren't keen to pay and it's ultimately any buyers responsibility to take care and research before purchase.

Not saying you shouldn't use any means available as a consumer, but don't rely on them when a bit of research and caution would have shown the company background and he could have purchased from a more reputable supplier.

JoannaGrime

The only reason he found this out was by looking at the web host registration its not exactly visible and most people don't think to check there when both the website and google say its London based.

pvt

jerrygriffin wrote: »

Thank you for sharing the information.

You're welcome Jerry.

pvt

Reme86,

What does it say on you credit card bill for the transaction - the name of the retailer or "PayPal"?

If it's the name of the retailer then I believe you still have a valid case for S75 against the CC.

If it's PayPal I think you'll find it more difficult.

I presume it is the former as you say you didn't know it was PayPal until some months later, and you would have seen PayPal on the CC bill within a month.