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**Confronting Currys' obstruction of UK consumer rights: information needed/appreciated**

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  • Cark
    Cark Posts: 33 Forumite
    10 Posts Name Dropper
    Apologies for further update, but another response to my OP seems to have come in while I was struggling to write today's post. I appreciate the thoughtfulness of that post, but can assure the poster that Section 75 of the Consumer Credit Act 1974 does not automatically kick in just because a credit card holder rings up the card provider to allege that good s purchased on that card have turned out to be unfit for purpose.

    As with much else about consumer legislation, there's long been a tendency on MSE for some to think that just because a County Court exists, or just because Section 75 exists, they're the route to getting problems sorted to a complainant's advantage.

    The assumption is ill-founded: credit card companies will not refund a product purchase price under Section 75 on the word of the card holder. Mindful of the 2015 legislation, all credit card companies invoke an investigative rigmarole, this to establish that the cardholder hasn't simply changed her/his mind about the goods, and has invented various "faults" so as to avoid having to pay for the cost of returning the item, a cost which, in the case of a large heavy item, can often be considerable.

    If in our case we had a new TV set which simply wouldn't switch on, then so rare and so simple a technical issue might in theory  be dealt with instantly. As the situation in our case is far wider than an elementary product failure but also embraces evidence of retailer failure of duty under the terms of the consumer legislation, Section 75 recourse is, unfortunately,  inappropriate.
  • Cark
    Cark Posts: 33 Forumite
    10 Posts Name Dropper
    Or use the webchat option to arrange curry's to collect the item.
    As mentioned in the OP, Webchat is not available / isn't functioning.

  • Cark
    Cark Posts: 33 Forumite
    10 Posts Name Dropper
    Diamandis said:
    I'm sure if you still asked on the phone they would help. 
    As made abundantly clear in my OP, Currrys says it will not deal with a question of return/refund over the phone. That being the case, there's no-one at Currys to actually talk to on the phone.

    If there was, I wouldn't need to be penning such a lengthy post on MSE.

  • theonlywayisup
    theonlywayisup Posts: 16,032 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Cark said:
    Apologies for further update, but another response to my OP seems to have come in while I was struggling to write today's post. I appreciate the thoughtfulness of that post, but can assure the poster that Section 75 of the Consumer Credit Act 1974 does not automatically kick in just because a credit card holder rings up the card provider to allege that good s purchased on that card have turned out to be unfit for purpose.

    As with much else about consumer legislation, there's long been a tendency on MSE for some to think that just because a County Court exists, or just because Section 75 exists, they're the route to getting problems sorted to a complainant's advantage.

    The assumption is ill-founded: credit card companies will not refund a product purchase price under Section 75 on the word of the card holder. Mindful of the 2015 legislation, all credit card companies invoke an investigative rigmarole, this to establish that the cardholder hasn't simply changed her/his mind about the goods, and has invented various "faults" so as to avoid having to pay for the cost of returning the item, a cost which, in the case of a large heavy item, can often be considerable.

    If in our case we had a new TV set which simply wouldn't switch on, then so rare and so simple a technical issue might in theory  be dealt with instantly. As the situation in our case is far wider than an elementary product failure but also embraces evidence of retailer failure of duty under the terms of the consumer legislation, Section 75 recourse is, unfortunately,  inappropriate.
    Goodness me.  I said.

    How did you pay?  Read the article on this site regarding Section 75 and Chargeback. 
    I neither said S75 'automatically kicks in' or that the merchant will refund 'on the word of the cardholder'.  

    As you haven't said what the issue is we can only guess at what remedies may be relevant, hence why I told you to read the article.  

  • born_again
    born_again Posts: 20,493 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    edited 5 December 2020 at 8:30PM
    Cark said:


    The assumption is ill-founded: credit card companies will not refund a product purchase price under Section 75 on the word of the card holder. Mindful of the 2015 legislation, all credit card companies invoke an investigative rigmarole, this to establish that the cardholder hasn't simply changed her/his mind about the goods, and has invented various "faults" so as to avoid having to pay for the cost of returning the item, a cost which, in the case of a large heavy item, can often be considerable.

    If in our case we had a new TV set which simply wouldn't switch on, then so rare and so simple a technical issue might in theory  be dealt with instantly. 
    So you expect a full refund on your say so, without any proof of a fault. 
    As someone who works in this field, we do believe what a customer says. But you have to evidence the fault so it can be assessed.
    If the fault is as you say, then it would be a simple case of getting a 3rd party TV repairer to look at it and give you a report stating the issue.

    So this TV has been faulty since you got it on 24/11  less than a month?

    Life in the slow lane
  • pmduk
    pmduk Posts: 10,682 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You do realise such letters to senior executives of most large companies are automatically diverted to customer services?
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