Section 75 credit card and/or chargeback

cocobrains

Hi,

I purchased two hot tubs and some jukeboxes from an online auction. I paid the auctioneer for the items and delivery. The jukeboxes were sent on a separate delivery and arrived ok. The hot tubs on the other hand, I was told were undeliverable, firstly because they couldn't get up the small slip road to my house and when I suggested they unload in the car park opposite the entrance to the slip road, I was advised it hadn't been loaded correctly so therefore couldn't be unloaded at all.

The auctioneer then wanted an additional 120 to redeliver. I requested a refund and, cutting a long story short, declined. Is this something that would be covered under section 75 and if so, do I make two separate claims as I have paid 120 for delivery that still did not result in the receipt of the items.

If section 75 isn't applicable, would a chargeback work? Can I claim for a part payment due to taking off the money for the jukeboxes.


Thank you for any clarification

jonesMUFCforever

Were the purchases and delivery paid separately?

eco_warrior

It’s a failed delivery so it’s a cast iron chargeback due to them demanding more money for a 2nd attempt. If you’ve paid for the good and delivery separately then it’s just 2 chargebacks.

No bank would use s75 for this as there would be no need for them to pay out when they can claim it via chargeback and get you refunded in no time at all.

cocobrains

Hi,

Thanks for your replies. Yes the purchases were paid separately to delivery. I actually made three payments (on a credit card and a debit card) for purchase and one payment on credit card for the delivery.

I may be out of time for a chargeback request? I committed to buy on 18th November, payments for purchase came out on the next couple of days and delivery payment on 23/11/18. I first requested a refund on 16/12/18 as they still hadn't advised of any delivery date and the last communication was on 2/2/19.

I have checked and may be in time if I have 120 days so will attempt. Section 75 is law ... is there a time limit on that too please?

Ben8282

Why did it take so long for you to get back in touch with them regarding the delay to delivery?
Another point is that you appear to live in a property which is difficult to access.
How small/narrow and how long is this slip road? What is the condition of the slip riad? Is it paved? Any large puddles, mud etc? How big are the hot tubs? Is it readily apparent that a lorry large enough to carry these hot tubs would have difficulty with the slip road? How far is the car park from the property? Would it be reasonable to expect the delivery driver to carry these presumably large hot tubs over the distance involved? Would additional people be needed? Were the delivery people informed in advance that these access problems existed? I get the impression that the true cause of the problem is a reluctance by the delivery driver to carry the hot tubs along this slip road and would like to understand why.

chanz4

This was an auction?

Ben8282

I don't think you have any claim for a chargeback or s75 claim.
The delivery and goods were paid for separately.
There is nothing wrong with the goods.
The problem is with delivery.
The goods are presumably available for you to collect.
A reasonable attempt was made to deliver the goods. The goods could not be delivered due to the conditions existing at your property. Delivery drivers expect to deliver goods to an address not to be required to carry heavy and bulky items along a 'slip road'.

eco_warrior

The 120 days can be extended

What date was the failed delivery?

And when did they confirm they wanted a 2nd payment?

Would need to be in December to have a chance

dresdendave

Ben8282 wrote: »

I don't think you have any claim for a chargeback or s75 claim.
The delivery and goods were paid for separately.
There is nothing wrong with the goods.
The problem is with delivery.
The goods are presumably available for you to collect.
A reasonable attempt was made to deliver the goods. The goods could not be delivered due to the conditions existing at your property. Delivery drivers expect to deliver goods to an address not to be required to carry heavy and bulky items along a 'slip road'.

The OP did state that when he offered the driver the chance to unload the goods in a car park next to the slip road, he was told that due to the way the items were loaded, they couldn't be unloaded anyway. If he has evidence of this surely he has a good case for chargeback or redelivery at no further cost as the access issue is moot. If items are redelivered he needs to have a few people on hand to carry the goods to his house from wherever it is safe for the driver to unload.