Retailer facing administration has my bike for warranty repair - can I make sec 75 claim

Terry_Towelling

eco_warrior wrote: »

In store purchases can still be disputed as faulty, just not damaged or as having missing parts, as the customer can check this prior to leaving the store.

That said, the best chargeback would probably be to dispute the merchant's repair policy rather than the goods themselves:

"19. Please note that in the event of a damaged or defective product claim, you shall be required to return such Goods to us for inspection and report (without any obligation on us to replace the said Goods prior to such inspection) and you confirm that it shall be reasonable for us to inspect such defective Goods and allow manufacturers to undertake inspections so as to allow production methods to be modified. You further accept that it is reasonable to inform us of any damage, defect or other failure prior to contacting independent third parties or incurring expense and to allow us to remedy the damage, defect or failure."

So if the bike isn't fixed and returned they have breached this particular term. This would allow the chargeback timeframe to be extended to up to 120 days from the return of the bike, so plenty of time.

To be fair, if the bike is at the manufacturer and the merchant goes bust the OP may still get his bike back anyway.

Accepted, we are expecting the repair to take place and nothing else to need doing. I think it is only the forks that are with the manufacturer - the rest of the bike is with the retailer.

Am I right in thinking that #19 quoted above is from the bike store's conditions of sale?

Can you provide information as to the Chargeback Reason that would actually apply for a disputed retailer repair policy? I know things have moved on in CC dispute processing but I am struggling to conceive of a change that would allow a Chargeback on such a basis.

I can just about accept that failing to satisfy condition #19 might constitute a breach of contract and thereby create a right under S75 to involve the CC issuer in any claim, but not to make a Chargeback.

Are we perhaps mixing S75 claims and Chargebacks here?

eco_warrior

Terry_Towelling wrote: »

Accepted, we are expecting the repair to take place and nothing else to need doing. I think it is only the forks that are with the manufacturer - the rest of the bike is with the retailer.

Am I right in thinking that #19 quoted above is from the bike store's conditions of sale?

Can you provide information as to the Chargeback Reason that would actually apply for a disputed retailer repair policy? I know things have moved on in CC dispute processing but I am struggling to conceive of a change that would allow a Chargeback on such a basis.

I can just about accept that failing to satisfy condition #19 might constitute a breach of contract and thereby create a right under S75 to involve the CC issuer in any claim, but not to make a Chargeback.

Are we perhaps mixing S75 claims and Chargebacks here?

Hey Terry


Yes that's from Evans T&C's and yes chargebacks can be used when a merchant doesn't follow through with their T&Cs. Under MasterCard it would be RC4853 - Not as described. Visa used to be the same but I think they may have shifted it under another reason code. If not then its still the old RC53 which is now 13.3.