Do I have a Claim under Section 75?

Firstpastthepost

Apologies in advance for the long story and probably excessive techie details! I purchased a radio controlled boat in September with some additional extras (echo/depth sounder and GPS autopilot functionality). I was told there was a lead time of about a month to build the item before it would be shipped to me, but paid online for this with my credit card. Just prior to the arrival of the item, I called the company and ordered accessories (spare batteries, carry bag) for a subsequent amount of money, which again, I paid by credit card, but over the telephone this time.

The boat arrived within a few days of this subsequent order with all the items I had requested, at least on first glance. The consignment arrived as two parcels, which consisted of the boat and controller in one and the display screen for the depth sounder, the spare batteries and the carry bag in the second parcel. However, I soon found that the charger only had a Euro-style 2 pin plug and the remote control didn't appear to be the same as the picture in the instruction manual in the case of an autopilot being fitted to the boat (which is what I ordered back in September). I emailed the company, explaining the issues with the boat and asking them to contact me back as a matter of urgency. I heard nothing for a day or two, so decided to phone them back. I was told that they didn't know if an autopilot had been fitted to the boat (!) as the technician was on holiday (of course!). So they said to phone back on Monday (as this was Friday) and they would arrange a courier to pick up the order and "get it sorted". After the weekend they arranged pick up on the Tuesday (20th October) and as I hadn't entirely made up my mind whether to get a refund (as I was beginning to smell a rat with the company!) and also as I didn't know whether the remedial work they were proposing would require the return of the screen for the depth sounder, I gave the courier both parcels. At this point, I was not advised by the company I had bought the boat from, nor the courier themselves on collection that only one parcel had been authorised for return.

Then the problems really started, as the boat company said that they had only received one parcel and had checked with the courier company, who checked with the driver and he had said that only one parcel was collected, which apparently tallied with the number of scanned parcels in the consignment. At this point, I decided that I wanted a refund for the lot as the goods were not as described. I have been given the run around ever since, with the boat company saying that as they had only authorised one parcel for return, I had a contract with the courier company for the second parcel (apparently Citizens Advice Bureau had told them this). They have maintained that I have only been entitled to a refund for the items returned to them, so I am staring down the barrel of a loss of nearly £700 if I cannot recoup the rest of the money. They have also suggested that I contact the courier company myself, which I have, and although they have seen a parcel matching the description I gave them for the one that has gone astray on the CCTV footage of the van being unloaded at the depot, they have referred the matter to their "security department" without result as yet.

I am hoping that a section 75 claim might be successful for the amount of the difference, but having not done it before, I am unsure if I have any prospects of success by going down this route, as I understand they require documentary evidence as proof of any claim and I don't have anything from the courier company as I wasn't their customer, it was the boat company.

Any advice gratefully received.

[Deleted User]

You'll only be entitled to whatever the courier compensation is for the second parcel, as you shouldn't have sent that one from what you say.  Or had they authorised the return of all the items?

born_again

Given S75 is based on Breech of contract or misrepresentation.
You are going to be very hard pressed to get anything.

Given they arranged the return, they need to chase courier. Not you.

Feel this is a consumer rights issue, rather than S75 due to the lost parcel. Try posting in Consumer rights section.

Firstpastthepost

Deleted_User said:

You'll only be entitled to whatever the courier compensation is for the second parcel, as you shouldn't have sent that one from what you say.  Or had they authorised the return of all the items?

The boat company are saying they did not authorise the return of the second parcel, but they didn't explicitly tell me this was the case and were fairly vague at the time, nor did the courier say anything to this effect on collection.
The trouble in terms of compensation is that no payment was made to the courier company by myself or the boat company in relation to the second parcel, so I'm unsure if there would be any recourse to them in respect of this parcel. I think this might be termed a lack of "consideration" concerning any contract in respect of this second parcel.

Sunshinekid

Back in February when Flybe went bust i contacted the travel agent who i booked flight with and they informed me to contact my credit card company to claim back costs.
I did this and at the end of June i received full payment for my flight.
On the 6th November i received a letter from credit card stating they are taking money back. dur to letter they had received from travel agent.
I have tried to phone credit card company being on phone for over 2 hours without a reply.
can you please advise what i can do.

[Deleted User]

Try to contact them through another channel.

Sunshinekid

I have gone back to my bank personally and had no joy

[Deleted User]

They can't help you at your bank.  You need to contact the card provider customer services.

eddmac2

For My outstanding commuter flights with SAS, the credit card company never refunded any money, yet, and I completed the reclaim form in May.
For my summer holiday, the travel agent, 'Book in Style' Southport, refunded completely, despite there being a complex mixture of Air, Rail, Bus, Hotel and Boat, for my family Rhine cruise.

whitesmith

As I understand it, you placed Order A ((boat, screen etc) and then about a month later order B (batteries, accessories). 

Order A arrived in 2 parcels and also Order B. You have no problem with Order B but Order A was faulty / not as described. You called the company who asked you to return it and sent a courier. 

You gave them both parcels pertaining to Order A and one has gone missing. That is not your problem - your responsibility ends once you hand the parcels to the designated courier.

Your remedy is to ask the company for a refund / replacement under the distance selling regulations and if not then go to your CC company.

I would keep it simple - your problem is with Order A not B - they are two separate things and not connected.

phillw

Firstpastthepost said:and although they have seen a parcel matching the description I gave them for the one that has gone astray on the CCTV footage of the van being unloaded at the depot, they have referred the matter to their "security department" without result as yet.

I would be tempted to phone the police if they don't find it soon.
It kinda sounds deliberate, accept two parcels when you know only one is going to be tracked and then have it go missing.