VISA policy on returning goods & P&P cost.

tony_f_2

Help please...
I have recently purchased some goods online, and paid with a credit card. When the goods arrived they were not suitable (established as the suppliers fault) The supplier said they would refund but needed me to return the goods, and pay the postage. I refused.

Stalemate. I asked for postage costs, they refused.

I made a claim for refund, via my VISA card, stating that the suppliers obligation was to provide suitable goods (as per description etc...) the supplier acknowledged the fault was theirs, but refused to cover my costs of sending the goods back. My VISA card Co said, "if i still had the goods then they could not refund me".... I then offer "Sale of Goods Act... mechantable able quality, suitability... but my VISA card Co refused, saying I should return the goods... but suffer the cost. I have said they are wrong. But now, I'm at a stalemate.

Help please...

Candyapple

http://www.which.co.uk/consumer-rights/letter/letter-to-refuse-paying-the-cost-of-returning-a-faulty-item

How much was the cost of the item(s)?

Cost of return postage?

The matter of whose responsibility it is to pay postage on returned goods depends entirely on what is stated in the terms and conditions supplied at the time of sale. However, if you are returning goods because they are faulty, it is the trader’s responsibility to pay for postage.

tony_f_2

This was for 2 different items, one at £10, one at £40.

The items were sold as free postage.

But, they were not suitable, and via photographic evidence, both suppliers acknowledged that their items were not suited.

I asked for postage to return the essentially, defective items, they refused.

Thats the background..

eskbanker

tony_f wrote: »

I made a claim for refund, via my VISA card, stating that the suppliers obligation was to provide suitable goods (as per description etc...) the supplier acknowledged the fault was theirs, but refused to cover my costs of sending the goods back. My VISA card Co said, "if i still had the goods then they could not refund me".... I then offer "Sale of Goods Act... mechantable able quality, suitability... but my VISA card Co refused, saying I should return the goods... but suffer the cost. I have said they are wrong. But now, I'm at a stalemate.

Although you're referring to "VISA policy", you're presumably claiming against the card company itself (i.e. the issuer, not Visa) by holding them liable under section 75 of the Consumer Credit Act?

In which case, escalate your claim to the Financial Ombudsman Service, who should be able to bring the card company into line and ensure that you're reimbursed for the return postage cost as well as the cost of the goods.

There are similar cases that they've upheld, such as http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=72179

Having said that, it's still not clear what you mean by the goods being [not] 'suitable' and 'essentially' defective, as this suggests an element of interpretation - s75 requires that you demonstrate misrepresentation or breach of contract. The fact that both suppliers refuse to reimburse return costs could signify that they haven't accepted that the goods are actually faulty rather than just not being 'suitable' for the use you had in mind?

Edit: oops, s75 of course doesn't apply to items below £100, as pointed out below! Are you claiming under chargeback?

PeacefulWaters

eskbanker wrote: »

Although you're referring to "VISA policy", you're presumably claiming against the card company itself (i.e. the issuer, not Visa) by holding them liable under section 75 of the Consumer Credit Act?

In which case, escalate your claim to the Financial Ombudsman Service, who should be able to bring the card company into line and ensure that you're reimbursed for the return postage cost as well as the cost of the goods.

There are similar cases that they've upheld, such as http://www.ombudsman-decisions.org.uk/viewPDF.aspx?FileID=72179

Having said that, it's still not clear what you mean by the goods being [not] 'suitable' and 'essentially' defective, as this suggests an element of interpretation - s75 requires that you demonstrate misrepresentation or breach of contract. The fact that both suppliers refuse to reimburse return costs could signify that they haven't accepted that the goods are actually faulty rather than just not being 'suitable' for the use you had in mind?

Less than £100.

dresdendave

At the moment the cost of return postage seems to be an unknown quantity, so it's not surprising you are at a stalemate.


A practical solution perhaps would be to return the goods by a signed for service, informing the seller you expect a refund of £xx for the item and £xx for the postage.


Should they fail to refund the postage charge you then have definitive figure to claim from your card company.


This is more likely to produce a remedy in a reasonable time frame, rather than involving the ombudsman which is a notoriously long winded process.