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Section 75 claim?

I plan to post on the consumer rights section also but thought I would see if any experts had advice on whether I would have a claim under Section 75 or not.

Basically i ordered a sofa on Groupon on 6th August. The delivery tracking shows as in transit however the supplier has confirmed that this is wrong and the product is not currently in stock.

I called the company on 20th August 2019, who stated that more stock will be available in the 1st week of September however upon calling on 6th September I was told that they expect more stock in another 2 weeks. I have now purchased another sofa and want to cancel due to the delays.

It was being supplied by Groupon Global so according to their t&c's I can cancel anytime within 14 days of receiving item, as it isn't in stock I would have thought this was clear cut. When I raised a complaint to Groupon and stated categorically that I wanted to cancel the response was that they would chase the order and to expect an update in 7 working days.

Do I have any fall back under S75?

Comments

  • eskbanker
    eskbanker Posts: 35,318 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 9 September 2019 am30 10:32AM
    S75 just holds the card company equally liable as the merchant where there is a breach of contract or misrepresentation, so if you could demonstrate breach of contract to the card company then you should also be able to make it stick with the merchant.

    If the Ts & Cs say you have an unequivocal contractual right to cancel before (and after) delivery and that's what you want to do, then just do so, rather than being swayed by the merchant's (probably not unexpected) attempts to hold onto the sale. Write to them with recorded delivery if you feel pressurised on the phone....

    Are you 100% sure that you have such rights under the contract though? It sounds unusual to me - cancellation during a cooling-off period of 14 days from ordering would be one thing but 14 days after delivery seems generous. Is this definitely applicable to cancellation at your convenience rather than for defective goods, etc?

    Ultimately you can refuse delivery but it certainly sounds to me like this is a matter best resolved with the merchant rather than trying to pin it on your credit card company.

    Edit: does your contract/invoice specify a delivery date, i.e. are you contending that they're already in breach by failing to hit a committed date, or were their delivery plans woolly and undocumented?
  • hunte78 wrote: »
    I plan to post on the consumer rights section also but thought I would see if any experts had advice on whether I would have a claim under Section 75 or not.

    Basically i ordered a sofa on Groupon on 6th August. The delivery tracking shows as in transit however the supplier has confirmed that this is wrong and the product is not currently in stock.

    I called the company on 20th August 2019, who stated that more stock will be available in the 1st week of September however upon calling on 6th September I was told that they expect more stock in another 2 weeks. I have now purchased another sofa and want to cancel due to the delays.

    It was being supplied by Groupon Global so according to their t&c's I can cancel anytime within 14 days of receiving item, as it isn't in stock I would have thought this was clear cut. When I raised a complaint to Groupon and stated categorically that I wanted to cancel the response was that they would chase the order and to expect an update in 7 working days.

    Do I have any fall back under S75?

    If the terms and conditions of the order state that you "can cancel anytime within 14 days of receiving item" and you have not yet received the item, then I agree it is clear cut.

    The 'cancellation window' on which you appear to seek to rely upon hasn't opened yet. :cool:

    You probably also note from the same terms and conditions that you will be responsible for the safekeeping of the item(s) and the cost of return.

    However, there are other terms that allow you various ways to seek to cancel your order. Have you done any of those?

    Section 75 of the Consumer Credit Act 1974 (as amended) does not cover buyers remorse, sorry.
  • You have a valid chargeback for goods not received in this situation if:


    1) There was a specified/documented delivery date that has now passed
    2) There was never a specified/documented delivery date


    From what you've said, the delivery has been delayed, you have accepted this once, now its being delayed further. This more than allows Goods Not Received to kick in on Visa and MasterCard.


    Your card issuer will examine all chargeback options prior to reviewing any claim under S75. A high percentage of cases wont require S75 to be used.
  • eskbanker wrote: »
    ... but 14 days after delivery seems generous. Is this definitely applicable to cancellation at your convenience rather than for defective goods, etc?
    As the purchase was via Groupon it was presumably online, so the 14 days will relate to ones statutory rights under Distance Selling / Consumer Rights law.
  • born_again
    born_again Posts: 18,389 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    hunte78 wrote: »
    I plan to post on the consumer rights section also but thought I would see if any experts had advice on whether I would have a claim under Section 75 or not.

    Basically i ordered a sofa on Groupon on 6th August.

    Was the sofa direct from Groupon? or did you get a voucher from Groupon to use at a retailer?

    That is going to make a big difference on any advice given.

    If it was a voucher to use at a retailer. Then you do not have any recourse either chargeback or S75. As you got the voucher. Which as far as Visa/Mastercard go. You have got what you paid for.
    S75 is due to no debiter/creditor link and no breech of contract as Groupon provided the voucher.
    Life in the slow lane
  • born_again wrote: »
    Was the sofa direct from Groupon? or did you get a voucher from Groupon to use at a retailer?

    That is going to make a big difference on any advice given.

    If it was a voucher to use at a retailer. Then you do not have any recourse either chargeback or S75. As you got the voucher. Which as far as Visa/Mastercard go. You have got what you paid for.
    S75 is due to no debiter/creditor link and no breech of contract as Groupon provided the voucher.

    I would disagree with this. If a voucher cannot be used for its intended purpose then a chargeback is applicable.

    In this case, I’d imagine it’s an online purchase made via groupon for the sofa, probably on a special offer. Rather than a voucher to be used as and when.
  • born_again
    born_again Posts: 18,389 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 11 September 2019 am30 11:04AM
    If you are paying for a voucher and it is supplied. Then you have got what you paid for. The fact you can not use it would be something you would have to take up with the supplier of the voucher.

    This is based on c/b rejections from Groupon.
    Life in the slow lane
  • born_again wrote: »
    If you are paying for a voucher and it is supplied. Then you have got what you paid for. The fact you can not use it would be something you would have to take up with the supplier of the voucher.

    This is based on c/b rejections from Groupon.

    I would still disagree with this. Vouchers that have been received but cannot be redeemed (due to merchant insolvency) or that are used but goods are then not supplied can be disputed. Off the top of my head in recent years I’ve seen:

    HMV
    House of Frasers
    Superbreaks
    Maplins
    Jamie Oliver

    Never known a dispute to fail for any of them tbh.

    When Monarch went under some customers who had previously cancelled flights (for whatever reason) were given vouchers to be used for future flights, those could be disputed as well, and that’s quite convoluted.
  • Thanks for the advice folks. Luckily for me, after a lot of back and forward with Groupon, I received an email this evening confirming that my refund was being processed.

    I've never had an issue with Groupon but the provider was very dismissive and I presume sold as many goods as they could then made people wait until available - last time I buy a big item from there.

    As some have said, I think I had more rights as it was sold by Groupon rather than a voucher purchase. Thanks for the input, think I jumped the gun with S75 but was very worried at the time and was thinking of options.
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