Problem with credit card Chargeback/ Section 75 claim

manandadog

Hi, we ordered an expensive dining table from a standard set of options in August last year over the phone from a retailer and paid in full by credit card over the phone. At the time we made it very clear that we needed delivery by the end of November at the latest. Of course it did not arrive and we were still waiting at Christmas so we tried to cancel the order by email. The retailer refused to cancel or refund our money. In January (still no table or delivery date) we raised a dispute form with John Lewis Finance under chargeback/Section 75. We made it clear that we had no written receipt or terms and conditions from the retailer, but the exchange of numerous emails and the credit card statement clearly demonstrated a contract is in place and that even their normal delivery time would be by the end of November. After 9 weeks of inaction and no information from John Lewis despite numerous chasing calls, they have rejected our claim out of hand because we have no written terms and conditions. They insist this a fundamental requirement for them to act, using MasterCard procedures and their own small print to justify this. Eventually the table was ready for delivery on the 4 February but we no longer wish to accept it (the retailer became aggressive and we have no expectations of after care if we had problems with the table, apart from the failure to deliver on time.) He is now threatening to claim storage costs as well. Is it correct that John Lewis/MasterCard can insist on written terms and conditions before considering a claim? Any advice would be appreciated.

unholyangel

Assuming the order was concluded exclusively through organised distance means, quote the consumer contracts regulations (s42) to them. It states that, unless agreed otherwise, delivery should be within 30 days. It also states that provision is to be treated as a term of the contract. 

born_again

So is this a John Lewis Credit Card, or was it a finance agreement?

If it was a credit card and you cancelled, then there is no "Non Receipt" chargeback. If the retailer has refused to refund with a valid reason then there is no "Non Receipt of refund" chargeback either. 
Chargebacks are card provider regulations. So they set the rules.
S75 while a legal right, the fact you have no T/C (are there none on retailers website?) again means no breech of contract of Misrepresentation. As that relies on them to have broken the T/C

manandadog

Thank you for your replies guys.  To clarify, the purchase was made by phone, using a John Lewis credit card (MasterCard) with price, delivery time 10-12 weeks) agreed by phone. The retailer refused a refund, claiming the table was bespoke, which it isn’t (from standard range). John Lewis claim they cannot do anything under Section 75 unless we have the retailers t&cs which we were never given and aren’t on his website. If we ask for them now he may well make up some new ones. We want to avoid small claims court and thought the credit card company would protect us against an unscrupulous retailer.  Are John Lewis right to reject due solely to no written t&cs? Thanks again for any help.

bris

You say it's bespoke, can you link to the product?

Ectophile

Are John Lewis right to reject due solely to no written t&cs?

No.  Section 75 is a legal right.  They don't get to make up their own rules.  Raise a formal complaint.  Tell them you'll go to the ombudsman if they don't resolve it.

Manxman_in_exile

born_again said:

...
S75 while a legal right, the fact you have no T/C (are there none on retailers website?) again means no breech of contract of Misrepresentation. As that relies on them to have broken the T/C

but what about what unholy_angel says?

unholyangel said:

Assuming the order was concluded exclusively through organised distance means, quote the consumer contracts regulations (s42) to them. It states that, unless agreed otherwise, delivery should be within 30 days. It also states that provision is to be treated as a term of the contract. 

manandadog

Thanks again to you all for you helpful comments.  We have raised a complaint with John Lewis about their response and it has been escalated, so hopefully we will get a better outcome soon.  Will keep you updated when we hear more.  I’m sure unholyangel is also correct that the merchant is in breach of the Consumer Contracts Regulations, but the seller refuses to budge.  We want to avoid the small claims court if we can so will persevere with the complaint with John Lewis first.

manandadog

Hi everyone, just to update you, we raised a complaint with John Lewis Finance after which they actually read our claim and have decided to pursue it with MasterCard for a final decision. So, more hopeful but will have to wait and see. What a performance.

unholyangel

manandadog said:

Hi everyone, just to update you, we raised a complaint with John Lewis Finance after which they actually read our claim and have decided to pursue it with MasterCard for a final decision. So, more hopeful but will have to wait and see. What a performance.

They've done a chargeback. Otherwise they wouldn't be saying written terms or involving MasterCard. 

Did you ask for a chargeback or section 75 claim?