Section 75 - Garden Furniture

Kaykatgeo

i bought an expensive garden dining set costing £1400 in May 2020 within 3 months the frame under rattan had started rusting. The retailer would not exchange or refund after months of trying, so I had an independent survey carried out and they agreed this was a faulty item. I raised a section 75 claim with my credit card company in January 2021 and sent all reports, photos and correspondence with the retailer to them.  It has taken a long time and the credit card company say the retailer won’t respond and I have to wait.  Finally  yesterday the credit card company have contacted me advising as follows..
before we look to settle the claim, we need evidence the goods have been collected ...you can choose to donate to charity or get the council to collect without this proof we will not conclude the claim.

Has anyone had any experience of this or know if this is correct.  I don’t understand why it’s my responsibility to remove surely the retailer should collect. I am also reluctant to dispose of without my refund !!

[Deleted User]

Just take them to the tip and get photos if the firm won't collect them

born_again

S75 has nothing to do with the retailer. It is simply the CC paying out. Yes they may try and contact retailer to prompt them into some action. But they can not force them to do anything.

So CC is now saying you can have a refund from them, but you can not keep the goods as well.

pbartlett

if you felt so inclined you could ask cc company if they would consider a  partial refund (50% ?) and be allowed to keep the goods

Sandtree

Kaykatgeo said:

Has anyone had any experience of this or know if this is correct.  I don’t understand why it’s my responsibility to remove surely the retailer should collect. I am also reluctant to dispose of without my refund !!

The S75 is paid by the bank so why would the retailer get their goods back?
Whilst you are reluctant to dispose of them without a refund you can go to the FOS if they don't make good on their promise
If they were to pay and you "forgot" to dispose of them then at would be unjust enrichment.

If you're willing to keep them then you can always put a counter offer forward where you get a proportion of the money to reflect the defect.

Kaykatgeo

Apparently once a cc company approves section75 refund the retailer has 14 days to object before you are refunded. So if I have given the furniture to charity and the refund is rejected  I have lost everything

Sandtree

Kaykatgeo said:

Apparently once a cc company approves section75 refund the retailer has 14 days to object before you are refunded. So if I have given the furniture to charity and the refund is rejected  I have lost everything

No, thats a chargeback

born_again

Kaykatgeo said:

Apparently once a cc company approves section75 refund the retailer has 14 days to object before you are refunded. So if I have given the furniture to charity and the refund is rejected  I have lost everything

Who said that?
S75 money comes from Bank. Unless they have struck a deal with retailer to pay them a certain % But on something worth £1400 I have never known that, as the cost is not worth it.
Even a chargeback retailer has 45 days to reject.