Can I claim under section 75

born_again

Sandtree said:

phillw said:
If the bank can recover your money from the seller quicker than you'll take the bank to court then why would they?

But the point being made by Born_Again was that the bank cannot recover the money quicker by chargeback because for a chargeback its the OPs responsibility to prove the item was faulty when it was delivered whereas under S75/CRA it would be the merchant/banks responsibility.

If there was no detriment then clearly little issue with the bank choosing to take one path over the other but BA's comment was that the bank can choose a path that is materially worse for the customer.

Can I put it this way
A chargeback will always be looked at 1st. As any refunds come from the retailer. And is a lot quicker.
If that fails then it will move on to a S75 claim if it falls within S75 remit.
S75 is paid by the bank, which given the number of cases to handle & how complex the case is can mean months before any resolution. I have known them drag on over a year. Very little retailer involvement, and remember that these are legal people, who often do not have any understanding on the product involved. Will not see any £ reclaim from retailer as it is simply not worth the legal costs.

So a chargeback is materially better for a customer in terms of speed of resolution.

born_again

phillw said:

It can't just be the instant when it was delivered, because they could argue it failed 5 minutes after delivery. So chargeback must allow some time after delivery, how long does it say?
Personally I think it's telling you can do a chargeback within 6 months, which is also the consumer rights act period for assuming it was faulty when it arrived.

Visa define faulty goods as faulty when arrived.
So the example above would fall outside that, but if it was a TV that did not work when received then that would fall within, but if it broke down later on, then not.

Remember chargebacks are card scheme regulations. Which are over and above you consumer rights, and not tied into them in anyway. So a bonus in many ways. Just imagine them not being there.....
Going back to Meastro cards there were 3 chargeback rights. Non receipt of goods from oversea's, Cancelled CPA (you had to have proof from retailer it had been cancelled before it could be done) & a fraud chargeback.

Okydoky25

Well I have today received this. Where do I stand. The company refused to send me a copy of their T&Cs and would they not be over ruled by my consumer rights anyway? 

MalMonroe

Hi, I am really sorry to hear about this because you have been failed all round. A garden table should last for quite some time. There's an article here from this very site about goods not being fit for purpose and what to do when they aren't.  

https://www.moneysavingexpert.com/reclaim/consumer-rights-refunds-exchange/

There's also some advice here :   https://www.moneyclaimsuk.co.uk/fit-for-purpose.aspx

And you can try going to the small claims court but you have to pay a fee to do that. 
According to this link it would cost you around £70. https://www.gov.uk/make-court-claim-for-money/court-fees

Sorry for all the links but I think they're informative. Here's another one, it's about the Financial Ombudsman this time -  https://www.financial-ombudsman.org.uk/who-we-are

I think Tesco are just trying it on, you should definitely keep trying to get a refund. I'd not get a replacement because it sounds far too dangerous.

P.S. I claimed under Section 75 a couple of weeks ago for a second hand car I bought that fell to pieces four weeks after purchase. It took a while and there was very great resistance but I was successful in the end so I would say do keep trying because I think £700 is a lot of money to lose when you cannot use goods which should have been fit for purpose in the first place. 

MalMonroe

Sorry! When I say 'weeks' I mean 'years'. 

born_again

Do they not have the T/C on their website?

Asking for them is standard policy. 
S75 is just looking at Breech of Contract or Misrepresentation.
Remember consumer rights are not always mirrored by card regulations.

Okydoky25

born_again said:

Do they not have the T/C on their website?

Asking for them is standard policy. 
S75 is just looking at Breech of Contract or Misrepresentation.
Remember consumer rights are not always mirrored by card regulations.

They only cover damage on delivery not after they have been sign for. Just states no returns or refunds if items are signed for. Website clearly advertise a 12 month warranty on their furniture but they say glass is not covered. There is no link for this warranty it’s just a header on the website. 

Can their T&Cs overrule consumer rights? 

born_again

As far as S75 goes yes, as they do not cover consumer rights, in the same way. It is just as I said, Breech of Contract or Misrepresentation. Your issue is proving a defect in the glass.
As to consumer rights, it would be for you to sue in court, Your issue is proving a defect in the glass. 

Okydoky25

born_again said:

As far as S75 goes yes, as they do not cover consumer rights, in the same way. It is just as I said, Breech of Contract or Misrepresentation. Your issue is proving a defect in the glass.
As to consumer rights, it would be for you to sue in court, Your issue is proving a defect in the glass. 

As the item was only 2 months old is the onus not on the company to prove there was no defect and not for me to prove there is? 

born_again

Okydoky25 said:

born_again said:

As far as S75 goes yes, as they do not cover consumer rights, in the same way. It is just as I said, Breech of Contract or Misrepresentation. Your issue is proving a defect in the glass.
As to consumer rights, it would be for you to sue in court, Your issue is proving a defect in the glass. 

As the item was only 2 months old is the onus not on the company to prove there was no defect and not for me to prove there is? 

In your 1st post you said less than 6 months. Now 2 months. That is a massive difference.
As Tesco want the T/C and they will most likely not go any further without them, which is fair given what S75 is based on. Your only option is to lodge a complaint and see where it goes. If they will not settle/resolve then it will go to FOS to rule on. In due course.