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My Rights Re Damaged Riding Hat

greyteam1959
greyteam1959 Posts: 4,800 Forumite
Part of the Furniture 1,000 Posts Name Dropper
edited 19 February 2021 at 2:28PM in Consumer rights
I have just had a new horse riding hat delivered that I bought online from a retailer in Scotland.
It cost £300 & was paid for by credit card.
When I opened the box, which was not damaged by the way, the riding hat had several cracks in it.
I immediately took photographs of the damaged hat & contacted the retailer by email.
They requested the return of the hat.
When they received the hat they informed me that the courier could not possibly have damaged
the hat & that I had caused the damage.
The hat was never even put om my head as the damage to it was so obvious !!
The supplier has basically denied all responsibility for the damage to the hat.
They have refused to refund my money.
Quite obviously the hat was dispatched with the damage to it.
What are my rights & my next step ??

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Raise a section 75 claim with your credit card provider. What was the time scale between delivery and you notifying them of the damage?
  • greyteam1959
    greyteam1959 Posts: 4,800 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 19 February 2021 at 3:37PM
    Timescale approximately 3 hours.
    Which course of action would be best a section 75 claim or a chargeback ??

  • Credit card = s75
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Which course of action would be best a section 75 claim or a chargeback ??
    Chargeback is likely to be quicker but the merchant can contest the case.
    S75 doesnt involve the merchant but can be much longer timescales.
  • Thank you both.

  • S75 is your best way.  As others has said, not the quickest but the surest.  You are protected by law. 

    Be factual, as you have here.  Provide detail of timescales - and any photos.

    The charge should be held in abeyance almost immediately.  
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Timescale approximately 3 hours.
    Which course of action would be best a section 75 claim or a chargeback ??

    The timescale is on your side. On the balance of probabilities it would be hard to argue that your caused the damage within that sort of timescales, had you owned the hat for a week or two then that's a different matter but regardless, it would be down to the seller to prove you caused the damage, not the other way around. And as I said in my post, S75 is the way to go here.
  • Thank you both once again.

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