Section 75 - Barclaycard

steve_hemp

Hi guys, I was wondering if anybody has had any luck with claiming a Section 75 refund from Barclaycard as so far I have had no luck! I purchased an electric scooter over a year ago online using my barclaycard.  The scooter that was delivered was a completely different model to that advertised with many of the advertised features missing (eg no rear brake light).  I had no luck with the retailer they (just insisted that they were cosmetic changes) and refused a refund.  The retailer did not send an order confirmation or any paperwork such as an invoice with the goods.  Barclaycard have been given all the information including photos of all the differences but have refused the section75 because I cannot give them an invoice!  This has been going for over a year now and I have referred it to the ombudsman but they have a huge backlog so might not be dealing with the case for several months.
Can Barclaycard legitimately refuse a Section75 due to lack of an invoice?

born_again

They want proof of what you ordered over what you received. 
How was the purchase made?

Sandtree

steve_hemp said:

Can Barclaycard legitimately refuse a Section75 due to lack of an invoice?

They can refuse it if you cannot substantiate that the item received didnt match what was ordered... the fact the retailer has admitted there are differences, even if attempting to dismiss them as inconsequential, could help. An invoice is just an easy way of doing so as normally they list a model number that can easily be compared to the model number of what you received plus any "optional extras" you may have added.

"Invoice" feels a fairly onerous word in todays digital age but did you really get no form of email etc confirming what you'd ordered from the vendor? That'd have been a red flag straight away even before the item arrived.

ItsComingRome

steve_hemp said:

Hi guys, I was wondering if anybody has had any luck with claiming a Section 75 refund from Barclaycard as so far I have had no luck! I purchased an electric scooter over a year ago online using my barclaycard.  The scooter that was delivered was a completely different model to that advertised with many of the advertised features missing (eg no rear brake light).  I had no luck with the retailer they (just insisted that they were cosmetic changes) and refused a refund.  The retailer did not send an order confirmation or any paperwork such as an invoice with the goods.  Barclaycard have been given all the information including photos of all the differences but have refused the section75 because I cannot give them an invoice!  This has been going for over a year now and I have referred it to the ombudsman but they have a huge backlog so might not be dealing with the case for several months.
Can Barclaycard legitimately refuse a Section75 due to lack of an invoice?

Yes, and there are numerous FOS decsions against consumers due to the lack of an invocie.

https://www.financial-ombudsman.org.uk/files/93102/DRN3567079.pdf is one but if you have the time to look at the FOS Decisions subpage there are many otehrs.

Sandtree

ItsComingRome said:

steve_hemp said:

Hi guys, I was wondering if anybody has had any luck with claiming a Section 75 refund from Barclaycard as so far I have had no luck! I purchased an electric scooter over a year ago online using my barclaycard.  The scooter that was delivered was a completely different model to that advertised with many of the advertised features missing (eg no rear brake light).  I had no luck with the retailer they (just insisted that they were cosmetic changes) and refused a refund.  The retailer did not send an order confirmation or any paperwork such as an invoice with the goods.  Barclaycard have been given all the information including photos of all the differences but have refused the section75 because I cannot give them an invoice!  This has been going for over a year now and I have referred it to the ombudsman but they have a huge backlog so might not be dealing with the case for several months.
Can Barclaycard legitimately refuse a Section75 due to lack of an invoice?

Yes, and there are numerous FOS decsions against consumers due to the lack of an invocie.

https://www.financial-ombudsman.org.uk/files/93102/DRN3567079.pdf is one but if you have the time to look at the FOS Decisions subpage there are many otehrs.

To be a little more specific... in the linked case they couldnt provide an invoice, contract or anything at all that substantiated what they'd paid the monies for to be able to show there was a breach... the invoice was just one example of what might have helped them but not the dealbreaker in itself.

ItsComingRome

Sandtree said:

ItsComingRome said:

steve_hemp said:

Hi guys, I was wondering if anybody has had any luck with claiming a Section 75 refund from Barclaycard as so far I have had no luck! I purchased an electric scooter over a year ago online using my barclaycard.  The scooter that was delivered was a completely different model to that advertised with many of the advertised features missing (eg no rear brake light).  I had no luck with the retailer they (just insisted that they were cosmetic changes) and refused a refund.  The retailer did not send an order confirmation or any paperwork such as an invoice with the goods.  Barclaycard have been given all the information including photos of all the differences but have refused the section75 because I cannot give them an invoice!  This has been going for over a year now and I have referred it to the ombudsman but they have a huge backlog so might not be dealing with the case for several months.
Can Barclaycard legitimately refuse a Section75 due to lack of an invoice?

Yes, and there are numerous FOS decsions against consumers due to the lack of an invocie.

https://www.financial-ombudsman.org.uk/files/93102/DRN3567079.pdf is one but if you have the time to look at the FOS Decisions subpage there are many otehrs.

To be a little more specific... in the linked case they couldnt provide an invoice, contract or anything at all that substantiated what they'd paid the monies for to be able to show there was a breach... the invoice was just one example of what might have helped them but not the dealbreaker in itself.

There are many others, I just don't have the time to dig them up.  It crops up all the time in FOS S75 complaints.

steve_hemp

Just to be clear, I have given Barclaycard all the information they need to see that the item is not as described including lots of photo's of the item on the website and photo's of the item received.  They also have details of what the retailer said with regards to the differences. (The manual supplied with the item was for another item altogether). Barclaycard are not disputing that it is a different item,  they are just saying that they cant be held responsible under S75 with out a receipt/invoice for the online purchase!
When I placed the online order and didn't get a confirmation email I thought that it hadn't gone through.  It was only after I returned from a few days away and found a soggy box on my pathway that I realised the order had been processed. 

sheramber

Have you checked your junk folder?

Sandtree

steve_hemp said:

Just to be clear, I have given Barclaycard all the information they need to see that the item is not as described including lots of photo's of the item on the website and photo's of the item received. 

I can take a picture off the Aston Martin website and a photo of my old Citroen Saxo... doesnt prove I ordered an Aston Martin.

The email stating there are differences will be helpful but the order confirmation email or the order summary in your "account" will be more telling as it definitively says what you ordered.

steve_hemp

As I said, I did not get an order confirmation and the site does not have a 'my account' facility showing order summary. The item they sent me is not even a model that they ever had on their website.

Some of these answers seem to be implying that an online retailer can sent out whatever they like irrespective of what was ordered.  All they need to do is omit any paperwork and a s75 can not be lodged.

Sandtree

steve_hemp said:

Some of these answers seem to be implying that an online retailer can sent out whatever they like irrespective of what was ordered.  All they need to do is omit any paperwork and a s75 can not be lodged.

A S75 is paid out of the pocket of the bank themselves... it makes no difference to the retailer if its difficult or easy for you to make a S75 claim against your bank.

Though as per the other thread on this page about S75, its a little surprising it has gone down the S75 route rather than chargeback.