Retailer trying to get out of refunding as tracking for courier they arranged doesn't show delivered

dekaspace1

An update, my card issuer has declined my S75 stating the retailer recieved the wrong item back.

Im confused as it was just the retailers word against mine, and as stated before they never asked for proof from the retailer that the item was returned to me (which would prove they lied as they never did so therefore be something in my favour)

Jenni_D

So now you can raise a formal complaint with your card issuer, and escalate to a FOS complaint if they won't agree and issue a deadlock letter (or 8 weeks have passed).

dekaspace1

This is email I got (removing retailer name)

(issuer) is committed to ensuring that it offers protection to customers who have made purchases of goods or services using their credit cards, if those purchases meet the criteria set out in Section 75 of the Consumer Credit Act (“The Act”) and acknowledges that where there has been a breach of contract by the merchant you may also have a claim against the credit provider under the Act. 

However I regret to inform you that we reject your claim under the act on this occasion, as we are unable to establish there has been a breach of contract

We have considered all the evidence that has been provided by yourself and the merchant and can see that have fulfilled the order however on receipt of the returned goods have not received the purchased goods in return therefore the dispute is between yourself and and not covered under Section 75

y3sitsm3

Jenni_D said:

So now you can raise a formal complaint with your card issuer, and escalate to a FOS complaint if they won't agree and issue a deadlock letter (or 8 weeks have passed).

Likely to lose at the FOS.  The FOS will only care about whether the card company have handled the S75 claim appropriately, not whether the OP has a valid consumer rights claim.

https://www.financial-ombudsman.org.uk/files/267660/DRN6747983.pdf

It might be helpful for me to set out my role here. In considering a complaint about a financial services provider, I’m not determining the outcome of a claim that a consumer might have under section 75. Rather, in deciding what’s a fair and reasonable way to resolve Mr T’s complaint I’ve taken section 75 into account. But that doesn’t mean I’m obliged to reach the same outcome as, for example, a court might reach if Mr T pursued a claim for breach of contract. 

the_lunatic_is_in_my_head

dekaspace1 said:

This is email I got (removing retailer name)

(issuer) is committed to ensuring that it offers protection to customers who have made purchases of goods or services using their credit cards, if those purchases meet the criteria set out in Section 75 of the Consumer Credit Act (“The Act”) and acknowledges that where there has been a breach of contract by the merchant you may also have a claim against the credit provider under the Act. 

However I regret to inform you that we reject your claim under the act on this occasion, as we are unable to establish there has been a breach of contract

We have considered all the evidence that has been provided by yourself and the merchant and can see that have fulfilled the order however on receipt of the returned goods have not received the purchased goods in return therefore the dispute is between yourself and and not covered under Section 75

As above ask the card provider for their official complaints procedure and follow this, raising to the FOS will cost the card provider so they may settle before it gets that far. 

You can issue a letter before action to both the retailer and the card provider. 

I'm unsure whether you can file a small claim against both the retailer and the card provider under one case but typically big companies won't defend small claims as it'll cost them too much. 

Keep on at both and you'll likely get a result. 

Jenni_D

the_lunatic_is_in_my_head said:

dekaspace1 said:

This is email I got (removing retailer name)

(issuer) is committed to ensuring that it offers protection to customers who have made purchases of goods or services using their credit cards, if those purchases meet the criteria set out in Section 75 of the Consumer Credit Act (“The Act”) and acknowledges that where there has been a breach of contract by the merchant you may also have a claim against the credit provider under the Act. 

However I regret to inform you that we reject your claim under the act on this occasion, as we are unable to establish there has been a breach of contract

We have considered all the evidence that has been provided by yourself and the merchant and can see that have fulfilled the order however on receipt of the returned goods have not received the purchased goods in return therefore the dispute is between yourself and and not covered under Section 75

As above ask the card provider for their official complaints procedure and follow this, raising to the FOS will cost the card provider so they may settle before it gets that far. 

You can issue a letter before action to both the retailer and the card provider. 

I'm unsure whether you can file a small claim against both the retailer and the card provider under one case but typically big companies won't defend small claims as it'll cost them too much. 

Keep on at both and you'll likely get a result. 

I believe you can - you name them as co-defendants. (Not sure if this impacts the filing/hearing costs).

y3sitsm3

the_lunatic_is_in_my_head said:

dekaspace1 said:

This is email I got (removing retailer name)

(issuer) is committed to ensuring that it offers protection to customers who have made purchases of goods or services using their credit cards, if those purchases meet the criteria set out in Section 75 of the Consumer Credit Act (“The Act”) and acknowledges that where there has been a breach of contract by the merchant you may also have a claim against the credit provider under the Act. 

However I regret to inform you that we reject your claim under the act on this occasion, as we are unable to establish there has been a breach of contract

We have considered all the evidence that has been provided by yourself and the merchant and can see that have fulfilled the order however on receipt of the returned goods have not received the purchased goods in return therefore the dispute is between yourself and and not covered under Section 75

As above ask the card provider for their official complaints procedure and follow this, raising to the FOS will cost the card provider so they may settle before it gets that far. 

You can issue a letter before action to both the retailer and the card provider. 

I'm unsure whether you can file a small claim against both the retailer and the card provider under one case but typically big companies won't defend small claims as it'll cost them too much. 

Keep on at both and you'll likely get a result. 

Far easier to just file a claim against the retailer.

Financial institutions have long since given up on the idea of their customers being reasonable and know full well that, encouraged by forums like this, the consumer doesn't care because it won't cost them anything.  So they're actually fighting back against these bogus claims by defending them, and they usually win.

The OP has no argument to put to the FOS here.  The financial institution appear to have acted according to protocol and the FOS will not rule on the merit of their S75 claim as it is outside their remit.

But it's not so easy when you can't copy + paste the Consumer Rights Act, is it?

dekaspace1

Some good news! I simply emailed back the card company pointing out the retailer never proved return to me or photos of the alleged damage/item and they have said they reviewed claim and found in my favour!

Peter999_2

Well done, dekaspace1.  Good result.