Section 75 claim against partial refund from the seller?

Mishomeister

If the seller would only do a partial refund for an item bought a few years back, to cater for wear and tear can I still make a section 75 claim with a credit card provider if I am not happy with the wear and tear deduction?


Am I required at all to try and get my money from the retailer first?


If credit card company asks me if I have tried it with the retailer first can I just tell them that I was unable to achieve a satisfactory result from them and do not wish to disclose any further info?


As I am cautious that if I was to tell credit card people that the retailer wants only to refund me the proportion of the purchase price this would tempt credit card people to take the same approach rather than offering me a full refund so if possible I would rather not disclose them the reason why I am doing section 75 claim rather than getting a refund from the retailer.

marliepanda

They will contact the retailer. The retailer can defend.

You seem to want to attempt to be dishonest to get more money back.

mije1983

What are the reasons for not being happy with the suggested deduction?




What was the item?

How much did you pay?

How long have you had it?

What amount has the retailer suggested they will refund?


The retailer is allowed to make a deduction for the usage you have had, but if you can answer the above questions it will help to see whether or not they are being reasonable.

its_all_over

The retailer is legally allowed to make deductions for wear and tear and use, if you've had the item for years you're never going to get a full refund and the bank will contact the retailer for an explanation and likely agree with them if you try and claim under section 75.

unholyangel

The liability under section 75 of the consumer credit act is joint & several.

Meaning you can choose to chase the retailer, the creditor or both. It wouldn't matter even if you hadn't approached the retailer at all, you can go straight to the creditor.

I'd make sure your bank are dealing with it as a section 75 claim and not a chargeback - banks have a tendency to do this, whether because their staff don't know any different or because its beneficial to them (in that chargeback is them trying to get your money back from the retailer where section 75, you're actually claiming against the bank itself).

If you don't like the banks response, you can also complain to the financial ombudsman which won't cost you anything. But I'd echo the above questions on the item, value and what they're offering. How much more do you realistically expect to get?

steampowered

You should make full disclosure of the circumstances, or it will come back to bite you.

The bank will ask the retailer for their position. The bank would become of the partial refund at that point. After all, the bank would need to recover any s75 money paid to you from the retailer.

The bank will probably take the position that you have already been compensated.

bris

A S75 claim will fail as the retailer is trying to make amends with a suitable resolution.


S75 only gets involved due to a breach of contract, as yet you have not explained that breach.