Nationwide Credit Cards - problems getting a refund under Section 75

jsharris99

Hold on a minute. k3lvc - New user joins with spurious claim, esteemed/experienced members explain law/rights, new user returns claiming full victory and that obviously they were right all along
Please note that persons use of the word 'Victory'.

Section 75 was used because I was lead to believe that under Scottish Law - the consumer rights act would not cover over 6 years but I would be covered by English Law - Consumer Rights Act because I live in England - by taking action against the Credit Card company. So I was in a bit of a strange scenario where the Scottish dont have quite as much rights as the English and the company Blackcircles is in Scotland. I didnt just 'go down the section 75 route' -  I did it because black circles were taking far too long over the refund and making excuses and I was given incorrect advice that I would not be covered by the Consumer Rights Act because I bought the tyres from a Scottish Company but I would have a claim against the English credit card company.  It was a matter of timing. It turns out later I was told that this bad advice was irrelevant because I live in England so I would still have had a claim against black circles regardless.

Notice the tone by _shel saying - Of course you did. 
It wasnt a nice thing to say at all. Casting doubt on my issues and refund. I wasnt lying. I got a refund. I had to wait and spend time getting advice and exercising my rights. It wasnt easy. I felt _shel's comment to be inconsiderate and dismissive. The comment was actually quite hurtful.

I wanted to post to you all showing;
1) You CAN get a refund for faulty tyres and
2) Section 75 doesnt always get you what you are entitled to. Even when advertised it will protect you and you can receive unnecessary delays and excuses.

I can see that trying to help some of you be encouraged to get whats right to you seems exceptionally difficult. I'm also trying to warn you that during this time I suspect there will be many section 75 claims against credit card companies for bankruptcies etc and you might face difficulties. Dont be fobbed off ! Thats all. 

zzyzx1221

You weren't refunded under the Consumer Rights Act. The manufacturer refunded you, not the retailer (or so you claim.)

You have no claim against the manufacturer under the Consumer Rights Act, so no, you were not given incorrect advice saying you wouldn't be covered under the CRA (or at the very least, your "victory" doesn't show it was incorrect.)

jsharris99

Again, rudeness - 'Or so you claim'. I can prove it if I need to. The refund has been issued from blackcircles. It wasnt the manufacturer. I claimed against the supplier of the goods which was blackcircles. (According to the email I got from them) - The manufacturer has looked at the tyres and decided that the tyres were faulty and they then refunded the money of the replacements.

Again, I'm going to say that the credit card company has tried to delay and fob off a section 75 claim !

zzyzx1221

jsharris99 said:

Again, rudeness - 'Or so you claim'. I can prove it if I need to. The refund has been issued from blackcircles. It wasnt the manufacturer. I claimed against the supplier of the goods which was blackcircles. (According to the email I got from them) - The manufacturer has looked at the tyres and decided that the tyres were faulty and they then refunded the money of the replacements.

Again, I'm going to say that the credit card company has tried to delay and fob off a section 75 claim !

I'm telling you what you said a few posts ago.  

Good news ! I got the replacement cost refunded from the Manufacturer

Now you didn't, apparently.  If you can't see why some people are doubting the veracity of your claims, well this is an example of it.

jsharris99

Oh I see what you thought. It was the manufacturer that seems to have paid black circles. Black circles then paid me into my bank account after asking for those details and not on the credit card which seemed strange to me. I honestly dont see how Michelin Group could arrange for Blackcircles to pay me back without first paying blackcircles themselves. 

Afternoon Johnathan

Thanks for contacting us again. 

I have chased up the Michelin claim department again and they have come back with good news (see below) to say that they will replace the tyres as a goodwill gesture, so we are able to refund the cost of the replacements <transaction details removed>  back to you

Dear Sir

Naturally we are concerned to hear of your dissatisfaction with your Michelin Group product. We confirm that your request with the case number <details removed> has been processed.

For this exceptional case, we are prepared to replace your tyre/tyres. We will send the tyre(s) to one of our inspection centres for examination to further our studies. This compensation in no way constitutes any recognition of responsibility on our behalf.

Best regards,

MICHELIN Consumer Care



No matter what you say, at the end of day, I've got new tyres replaced and my costs refunded, which I'm very grateful for, so good on Michelin Group for doing that !! and I found that the credit card company wasnt helpful and tried to fob me off !

[Deleted User]

JSHarris - I did have a read of the S75 act and it's unclear if they have to refund you a full amount or not, hence why bank offered a wear and tear refund. Good to hear it has been resolved by the manufacturer. Just FYI the credit card company are allowed to require an independent testing of a faulty product which you have to pay for - the testing can also be claimed back under S75 rules.

jsharris99

I didnt know that the testing fee could be claimed back. 
Getting it refunded was very good news. Thank you for your positive post.

zzyzx1221

jsharris99 said:

Oh I see what you thought.

It's not what I thought.  It's what you said!

Also, that's a very clear GOGW refund.  It absolutely doesn't prove that people on here were wrong.

jsharris99

Either way, I got it refunded and the credit card company wasnt helpful.

eskbanker

jsharris99 said:

It was the manufacturer that seems to have paid black circles. Black circles then paid me into my bank account after asking for those details and not on the credit card which seemed strange to me. I honestly dont see how Michelin Group could arrange for Blackcircles to pay me back without first paying blackcircles themselves.

[...]

good on Michelin Group for doing that !!

The fact that Michelin owns Blackcircles may have something to do with it....

https://www.michelin.com/en/press-releases/michelin-buys-blackcircles-com-for-50-million-2/