Possible To Claim For Goods Not Received?

bfgun

Hi, I am looking for some advice please.

During October 2015 I backed a project via Indiegogo to create a camera stabiliser for a GoPro. The estimated delivery date was March 2016 but there were delays and the product wasn't delivered.

Subsequently I heard that some people received the product but were unhappy with the quality. I have not received mine so contacted the creators to request a refund.

I have had no reply to my emails and other backers have commented that the creators have gone silent and are not responding to other enquiries made.

Do I have a case to take up with Tesco Mastercard for return of the money I paid which was just under £300?

Some information I have read says a claim can be made up to 6 years other says 120 days. I'm unsure as to what is correct.

Thanks for any help provided.

eskbanker

The 120 day limit relates to chargeback, whereas Section 75 protection doesn't have this stipulation, read up on them and the difference between them at:

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Under section 75 (the stronger of the two), the card provider is equally liable as the supplier, so on the face of it you do have a claim, although if you use the same terminology you may be challenged on "I backed a project" rather than "I placed an order", and if "via Indiegogo" suggests some sort of intermediary then again this could be problematic, as s75 protection only applies if you contract directly with the supplier....

eddddy

Section 75 allows you to make a claim from your CC company, if there is a breach of contract (or misrepresentation).

But I suspect that Indiegogo are not in breach of any contract with you.

To make a claim, you'd need to read the contract and be very specific about which terms were broken, and the losses you suffered as a result.

(However, you have up to 6 years from the date of the breach to make a claim.)

bfgun

Thanks for your replies and links.

I will read up on these and decide how to approach this.

BarnetGirl

I have backed quite a few Indiegogo and Kickstarter projects, most with good results, one in particular with a disasterous 'creator'. There are a couple of things that are important with regard to Indiegogo and Kickstarter, both deny any responsibility for when projects either do not fulfill or the product is not of standard expected. Generally from experience you will have little luck with them in recouping your 'purchase' costs, so going under s75 against the card company may be your best bet - but not your only option.

Where is the creator based? If in the UK then the chances are you would have a fair chance of success in court against the creator (but even if you win then it may be a hard slog to get the actual money from the creator the court decides you are owed). Obviously if the creator is based outside the UK then legal proceedings against the creator could easily prove more than you could possibly get back, and again then having to actually get the payment could be an extra cost on top of this.

Hopefully you will be able to get the CC company to refund you under s75. Fingers crossed.

Ben8282

If you had ordered goods which were never received you would have a claim.
But in this case it appears that you have 'backed' some sort of inventor rather than ordering a specific product. This sounds more like making an investment than ordering a mail order product.

Applepie44

Hi went on holiday in august 2016 to Lanzarote and was taking in by a holiday rep , given a scratch card witch won a weekend away so went back with them to the office and ended up buying into a contract for reduced holiday, when we left we rang barclaycard up to freeze the £3000 payment when we came to our senses, they froze the money and when we came back we appealed but got refuse, we have tried booking holidays with it due to having it but couldn't get no information, could we appeal against barclaycard to get our money back due to no product

[Deleted User]

What does your contract say?

eddddy

Applepie44 wrote: »

Hi went on holiday in august 2016 to Lanzarote and was taking in by a holiday rep , given a scratch card witch won a weekend away so went back with them to the office and ended up buying into a contract for reduced holiday, when we left we rang barclaycard up to freeze the £3000 payment when we came to our senses, they froze the money and when we came back we appealed but got refuse, we have tried booking holidays with it due to having it but couldn't get no information, could we appeal against barclaycard to get our money back due to no product

It's best to start a new thread for a new question.

But anyway...

You can make a section 75 claim against Barclaycard, if there was a breach of contract or misrepresentation.

i.e You have to check the contract you agreed to and see if the holiday company broke any terms, or alternatively if they said something misleading before you paid the money.

For example:

If they are refusing to let you book a holiday that you paid for, that may be breach of contract.

If you are choosing not to book the holiday that you paid for, that's unlikely to be breach of contract.

If the contract says you can claim a refund, but they are refusing to refund, that may be a breach of contract.

(One further complication - it sounds like your contract may be governed by Canary Islands law, which may be different from UK contract law.)

Robisere

eddddy wrote: »

It's best to start a new thread for a new question.

(One further complication - it sounds like your contract may be governed by Canary Islands law, which may be different from UK contract law.)

The Canary islands are a Spanish possession and come under EU laws. I suggest you look for settlement under the EU, we are still an EU member state.

Take some legal advice at this point. Some years ago, we were conned into buying a Malta Timeshare and the T&C's were changed from the contract we had retained a copy of. We took legal advice and the solicitor wrote to the EU on our behalf. We received full reimbursement of the £11K plus legal costs that we had spent. All it took was a letter. We have been ultra-cautious since and learned a potentially painful leson.

eddddy

I'm glad it worked out for you. But out of interest:

Robisere wrote: »

the solicitor wrote to the EU on our behalf.

The EU is a big place. Who/what/where did your solicitor write to?

Often a solicitor will start by writing a 'scary' letter to the other party, threatening legal action. Could it be that your solicitor wrote a 'scary' letter to the timeshare company threatening legal action under EU law, and the timeshare company decided to refund you?