Section 75 claim agreed, but asking me to sell goods to offset refund

Tonyob

I ordered a headlamp for my car. Paid on credit card. The supplier sent the wrong one. Couldn't get a refund. Have the wrong headlamp at home.
Lloyds banking group have agreed that I have a valid claim under Section 75, but they have asked me to sell the headlamp, send them proof of the sale amount and they will refund me the difference.  I can't see anywhere in the legislation that I have to do this. Can they insist that I do this?

Were_Doomed

The goods will belong to the seller ... or the CC company following a successful S75 claim. I don't know if this specific scenario is identified in the legislation, but it certainly doesn't seem unreasonable. As long as they're not expecting you to achieve a specific sale value (although you can't just dispose of it for mate's rates), and they'll also cover your selling expenses (including postage/shipping to the buyer), then why not simply go along with their request?

Aylesbury_Duck

Seems entirely fair to me.  I'm pleased to hear of a card company trying to limit its losses.  There are too many people on here (not you, OP) who rush to card companies as a buyer's remorse safety net, which presumably costs all of us in the long run.

sgun

Were_Doomed said:

 As long as they're not expecting you to achieve a specific sale value (although you can't just dispose of it for mate's rates), and they'll also cover your selling expenses (including postage/shipping to the buyer), then why not simply go along with their request?

I don't think it is a reasonable request. It isn't the OP's problem that they have the wrong product. They have to spend time advertising, may not have Ebay, might not want to Marketplace or Gumtree it.  It does take time to advertise, then package, then take to a post office, even if they had RM collect you still have to be in to hand it over. Then what happens if the buyer claims there is an issue with the headlamp and wants a refund? Too much hassle IMO. If the OP doesn't  mind then that's ok but I don't think the bank can insist on it. It's a really odd request.

unforeseen

Does the op have sufficient information about the wrong headlamp to effectively market it? 
How long does he have to try selling it for? 
It's not really well thought out at all. 

DiddyDavies

If the CC company agrees that the headlight was incorrectly supplied then under S75 they have the same legal obligations as the seller and they have to provide a full refund if this is what the buyer wishes.
They can offer a partial refund and allow the goods to be kept or sold but they can't insist on it.

Manxman_in_exile

I thought this was a wind-up when I first read it.  I can't believe anybody in Lloyds (who knew what they were talking about!    ) would suggest the OP selling it to reduce the refund.  It's a daft suggestion.

[Deleted User]

Manxman_in_exile said:

I thought this was a wind-up when I first read it.  I can't believe anybody in Lloyds (who knew what they were talking about!    ) would suggest the OP selling it to reduce the refund.  It's a daft suggestion.

Has to be a wind up. No bank is going to ask you to sell goods for any reason, let alone to offset a S75 claim.

KeithP

Offer the headlamp to the bank and suggest that they sell it to offset their costs.

Meanwhile of course the bank refunds you the full amount claimed.

stragglebod

Ask the bank how much commission they are going to pay you for selling their property on their behalf. Personally I'd quote them a flat fee of £20 + expenses + £8ph.