Credit card company refunded under s75, now the retailer is wanting me to pay them back

viksviks84

Hi

I'm hoping someone can help me.

I bought a sofa in April 2021 on 29/06/2021 the plastic feet snapped, I contacted the company who sent me out more after approx 6 weeks

Upon turning the sofa on its side to fit the new feet it became clear that the screws damaged the wood and big chunks of wood was missing. I contacted the retailer for a refund (faulty goods), where they told me 'the feet weren't very good, I wasn't the first customer to complain and they wouldn't use that company again' , none of this helped me. I asked if they could send new, fit for purpose feet and they told me to 'look on ebay for wooden ones' they also stated they wouldn't refund me as their supplier wouldn't refund them.

I raised a S75 claim on my credit card, which was accepted.

Today, the retailer contacted me, stating I pay them back within 7 days by BACS or cash otherwise they are taking me too court as I have stolen the goods. 

Any ideas?
Thanks 

theonlywayisup

Who is the retailer, I cannot imagine any credible retailer accusing you of stealing goods (or was that your interpretation?) 

Where is the sofa now?  

prowla

Did you tell the retailer to come and collect the faulty items?

The relationship between the retailer and their supplier is nothing to do with you.

Grumpy_chap

Faults or otherwise, you can't expect to retain the sofa and the refund.

[Deleted User]

It's been processed as a chargeback, not s75, which is why they're now looking for their money.

You'll need to talk to the retailer to work this out. As above, you can't have the sofa and a refund.

pinkshoes

viksviks84 said:

Hi

I'm hoping someone can help me.

I bought a sofa in April 2021 on 29/06/2021 the plastic feet snapped, I contacted the company who sent me out more after approx 6 weeks

Upon turning the sofa on its side to fit the new feet it became clear that the screws damaged the wood and big chunks of wood was missing. I contacted the retailer for a refund (faulty goods), where they told me 'the feet weren't very good, I wasn't the first customer to complain and they wouldn't use that company again' , none of this helped me. I asked if they could send new, fit for purpose feet and they told me to 'look on ebay for wooden ones' they also stated they wouldn't refund me as their supplier wouldn't refund them.

I raised a S75 claim on my credit card, which was accepted.

Today, the retailer contacted me, stating I pay them back within 7 days by BACS or cash otherwise they are taking me too court as I have stolen the goods. 

Any ideas?
Thanks 

Well have you stolen the sofa? When you got your refund,  did you notify the furniture company and make the sofa available to collect?

If you still have the sofa then it needs returning ASAP as otherwise you have indeed "stolen" it.

You cannot have goods AND a refund.

I'm hoping you havent just disposed of the sofa? If you did, then you will need to pay the money back as it didnt belong to you.

Sandtree

pinkshoes said:

viksviks84 said:

Hi

I'm hoping someone can help me.

I bought a sofa in April 2021 on 29/06/2021 the plastic feet snapped, I contacted the company who sent me out more after approx 6 weeks

Upon turning the sofa on its side to fit the new feet it became clear that the screws damaged the wood and big chunks of wood was missing. I contacted the retailer for a refund (faulty goods), where they told me 'the feet weren't very good, I wasn't the first customer to complain and they wouldn't use that company again' , none of this helped me. I asked if they could send new, fit for purpose feet and they told me to 'look on ebay for wooden ones' they also stated they wouldn't refund me as their supplier wouldn't refund them.

I raised a S75 claim on my credit card, which was accepted.

Today, the retailer contacted me, stating I pay them back within 7 days by BACS or cash otherwise they are taking me too court as I have stolen the goods. 

Any ideas?
Thanks 

Well have you stolen the sofa? When you got your refund,  did you notify the furniture company and make the sofa available to collect?

If you still have the sofa then it needs returning ASAP as otherwise you have indeed "stolen" it.

You cannot have goods AND a refund.

I'm hoping you havent just disposed of the sofa? If you did, then you will need to pay the money back as it didnt belong to you.

The issue is the OP seems to think they have done a S75 however appears to be a Chargeback instead.

Were is a S75 it is the bank that would have refunded the money out their own pocket and they would be the ones entitled to the sofa. Most banks dont have much use for faulty sofas and normally will waive their right to title of the goods and so in those circumstances you normally do get to have the refund and the item but you should double check with the bank first.

The first step for the OP is to contact their bank and double check whats actually happened. Assuming it is a chargeback then they need to resolve the matter with the store.

Whilst the T&Cs of merchant accounts etc allow banks to choose to clawback money they dont have legal jurisdiction to decide the underlying case. The only thing it does is means rather than the OP having to take the store to court it means that the store has to take the OP to court and its probably less likely that large corporations will do so for modest sums. As per Ryanair though, stores may instead decide to block you from being a future customer until such time as the debit is repaid.

viksviks84

Hi All, 

Thank you for your responses. 

I paid on a credit card, so I thought it was a S75? I thought chargebacks were using a debit card, but maybe someone can confirm?

I do still have the sofa, so the company collecting it, is it not a probelm. I did ask for a refund and wanted to return it, which was when I was told to 'buy new legs', but I don't think a sofa should have defects like this after 3 months.

The retailer is a small furniture shop in South Wales, they have terrible reviews, pity I didn't see these before!

viksviks84

theonlywayisup said:

Who is the retailer, I cannot imagine any credible retailer accusing you of stealing goods (or was that your interpretation?) 

Where is the sofa now?  

Retailers response copied from their message to me:

 'You have 7 working days to pay, or we will be forced to go down the legal route and take you to court, as it stands currently stolen goods' 

The sofa is in my house

viksviks84

prowla said:

Did you tell the retailer to come and collect the faulty items?

The relationship between the retailer and their supplier is nothing to do with you.

I asked them to come and colllect, but they refused saying I could 'buy new legs', this was when they said that their supplier wouldn't take the item back or refund them. I asked if they would supply new legs for me or offer a partial refund so I should buy replacements and they refused.

This was why I went down the route of contacting the credit card company. 

viksviks84

Grumpy_chap said:

Faults or otherwise, you can't expect to retain the sofa and the refund.

Totally agree, but if they won't come and collect the sofa what should I do?