section 75 protection

meer53

This explains it
http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

The seller was probably being very sneaky in applying a discount, they will know the regulations for a Section 75 claim and may have deliberately reduced the items to make them less than £100 each.

eddddy

meer53 wrote: »

This explains it
http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

The seller was probably being very sneaky in applying a discount, they will know the regulations for a Section 75 claim and may have deliberately reduced the items to make them less than £100 each.

I think the question people are pondering over is: did the OP buy a set of 3 dresses for £299, or 3 separate dresses at £99.67 each?


The Money Advice Service confirms that the £100 limit applies to a set of items:

The £100 minimum amount applies to each item or set of items you buy, as opposed to the total bill.

https://www.moneyadviceservice.org.uk/en/articles/how-youre-protected-when-you-pay-by-card

It probably needs the OP to come back and say what it says on the order and/or invoice.

pvt

eddddy wrote: »

If the order/invoice says something like:

'Set of 3 Bridesmaids Dresses - £299'

You've probably got a stronger case. But I guess it might say something like:

'Bridesmaid Dress - £110
Bridesmaid Dress - £110
Bridesmaid Dress - £110
Discount - £31
Total - £299'

which might be a tougher argument.

I disagree that what the order or invoice says is what's at issue here. If one contracts with a supplier to supply a quantity of items, then it is reasonable to expect all of those items. If you don't, the supplier has not fulfilled the contract.

In this case the supplier contracted to sell the OP 3 X Bridesmaid's dresses. If they had only sent 2 of them, then it would be absurd to suggest it is OK for them to simple not supply the third and just not charge for it.

I would argue that if it ended up in a court, that would be a reasonable case to argue that it was a set of 3 rather then 3 separate purchases.

That is demonstrable by the fact the OP wants to return the whole order, not just one item.

chattychappy

Is the online retailer an established UK business? If you get no joy with the CC on chargeback/S75 (S75 would be a drawn out process and from the incomplete picture we have I tend to side with the "you don't qualify" camp), then consider doing a small claim. The goods are clearly defective from what you say. If you go this route:

1) Letter before action. State you want full refund and will happily return the goods. Hitherto they have refused return (get that into your letter so it's on the record if previous communication was undocumented). Give them a deadline (at least 14 days) and state that in the absence of a satisfactory reply you'll start proceedings without further reference back to them.

2) Sue online using Moneyclaim site. Plenty of online guidance on how to do a claim.

3) If they don't defend, request default judgment. Goto step 6).

4) If they defend, consider what they say. When you get the form, agree to mediation. If they agree likewise, then someone will call and attempt to resolve the matter on the phone.

5) If mediation fails and you think their defence makes sense, drop it. Else put in a witness statement (ie tell your story a bit more at length. Attach photos of the defects. Send to the court and to the defendants. Attend the hearing. Hopefully win and get a judgment in your favour. If you lose, you might have to pay some limited costs - but you won't be paying for their lawyers.

6) Having got a judgment, there is still no guarantee they'll pay. There are enforcement steps you can take.

Most cases settle without going to court. Ie one side throws in the towel or a deal is done. For this reason it doesn't necessarily take a long time. It will take weeks or months if it goes all the way to a hearing and you have enforcement problems.

jonesMUFCforever

chattychappy wrote: »

Is the online retailer an established UK business? If you get no joy with the CC on chargeback/S75 (S75 would be a drawn out process and from the incomplete picture we have I tend to side with the "you don't qualify" camp), then consider doing a small claim. The goods are clearly defective from what you say. If you go this route:

1) Letter before action. State you want full refund and will happily return the goods. Hitherto they have refused return (get that into your letter so it's on the record if previous communication was undocumented). Give them a deadline (at least 14 days) and state that in the absence of a satisfactory reply you'll start proceedings without further reference back to them.

2) Sue online using Moneyclaim site. Plenty of online guidance on how to do a claim.

3) If they don't defend, request default judgment. Goto step 6).

4) If they defend, consider what they say. When you get the form, agree to mediation. If they agree likewise, then someone will call and attempt to resolve the matter on the phone.

5) If mediation fails and you think their defence makes sense, drop it. Else put in a witness statement (ie tell your story a bit more at length. Attach photos of the defects. Send to the court and to the defendants. Attend the hearing. Hopefully win and get a judgment in your favour. If you lose, you might have to pay some limited costs - but you won't be paying for their lawyers.

6) Having got a judgment, there is still no guarantee they'll pay. There are enforcement steps you can take.

Most cases settle without going to court. Ie one side throws in the towel or a deal is done. For this reason it doesn't necessarily take a long time. It will take weeks or months if it goes all the way to a hearing and you have enforcement problems.

OR..................................just do a chargeback.:D

chattychappy

jonesMUFCforever wrote: »

OR..................................just do a chargeback.:D

Oh Mr Jones I hope you didn't merely skim read my carefully crafted post... I did start with:

chattychappy wrote: »

Is the online retailer an established UK business? If you get no joy with the CC on chargeback/S75....

jonesMUFCforever

Left my reading glasses in the bathroom - sorry LOL

eddddy

@Yes - I would 100% agree that the OP would win in court.

The question I was posing was about section 75. Unlike a court case - section 75 cover requires a minimum spend of £100 on an individual item.

Bahtiyor

I you are disputing all 3 items, then yes you would be eligible. However, I would work with the merchant first and have everything written as a prove, as banks would certainly ask for any correspondence between you and the merchant

chattychappy

Bahtiyor wrote: »

I you are disputing all 3 items, then yes you would be eligible.

On what basis do you say this given the law discussed above?