Section 75 refund - what happens next?

lg13mza

We bought a sofa from a major retailer this year. It turned up damaged. they wanted to repair it, we said no thanks can we have a refund. They deliberately dragged their feet. After getting fed up of chasing I spoke to Amex and they refunded us within 5 days. But what I can't find out is a. does amex chase the retailer for the money, and b. what happens to the sofa?

[Deleted User]

Ame will tell you what they want to do with the sofa.

It's up to Amex if they pursue the retailer - nothing to do with you.

eddddy

It might have been settled as a chargeback, rather than an s75 claim.

If the sofa retailer disagrees that they've breached the contract, they might still chase you for the money - perhaps as far as the small claims court.

chattychappy

It is also possible that Amex will charge it to you (again).

It might be that they have "taken your word for it" whilst they deal with the merchant.

phillw

lg13mza wrote: »

b. what happens to the sofa?

Phone the retailer and tell them you've received and ask them when they are going to collect it.

If you can create a paper trail of them accepting that you asked for and received a refund and they are going to collect it before they realise what is going on, then you may have a better case if you end up in small claims.

dj1471

phillw wrote: »

Phone the retailer and tell them you've received and ask them when they are going to collect it.

Do NOT do this, the sofa belongs to Amex if a S75 claim has been successful.

lg13mza

Before the retailer knew we had a refund they had sent someone to inspect and written to us to say they had ordered 'spare parts to rectify the problem'. We've still got the letter. In my mind they have acknowledged the problem so r unlikely to go to court. We rang the retailer after we got the letter to tell them about the refund from amex and suggested they collect the sofa. The girl on the phone said she couldn't authorise that and the store would ring us to collect. That was about 5 weeks ago and we've heard nothing. I rang amex and they basically said don't worry about it.

Sparx

Probably expect a small claims court letter soon. Either that or they'll crawl back and ring you, asking for the sofa back when it's reviewed by someone higher up the chain.

Ebe_Scrooge

Deleted_User wrote: »

Ame will tell you what they want to do with the sofa.

It's up to Amex if they pursue the retailer - nothing to do with you.

This, in a nutshell. If you file a claim against your CC provider, and the claim is acknowledged and a refund provided, then it's out of your hands. The CC company now own the goods, and it's up to them to pursue the retailer for their losses, if they so choose. Any communication you subsequently receive from the retailer should be passed directly to Amex for them to deal with.

Karen_Brent

Has anyone managed to get a refund for a cruise that had a nightmare ending as well as various problems on board? The cruise was paid for by credit card can we get a refund or compensation from them. We have been offered a measly amount of compensation by the cruise company.

eskbanker

Karen_Brent wrote: »

Has anyone managed to get a refund for a cruise that had a nightmare ending as well as various problems on board? The cruise was paid for by credit card can we get a refund or compensation from them. We have been offered a measly amount of compensation by the cruise company.

The effect of Section 75 is to hold the credit card company equally as liable as the merchant for the transaction, and offers the account-holder some protection if there is demonstrable misrepresentation or breach of contract.

The trouble with issues such as yours is quantifying the degree involved, i.e. you paid for a cruise and received a cruise, but if it didn't go to plan that doesn't automatically mean a 100% refund, it comes down to what is a reasonable partial refund to cover the issues experienced. If you have already been offered some compensation from the cruise company then this suggests that they have accepted liability in some form so it would probably be more fruitful to continue to negotiate with them - any claim via the card company will just go down the same route of having to try to quantify the effect anyway.

How far apart are your expectations from what you've been offered so far?