Section 75

sparky1110_0

Hi  , I bought windows using credit card but they were faulty so I contact credit card who helped me and issued a chargeback to me , that made the company come and sort the windows issues or so I thought so paid again using same credit card now the same faults are now showing again as winter comes, yellow silicon which got replaced ,and condensation and cold spits all over windows which have a thermal breach ,now 5he company have my money again they are not interested  can I now raise a section 75 for faulty goods or because I had chargeback doesthat mean I cannot claim , the full charge back I got was repaid to company when I thought they hounered their warranty but now not even replying to me  please help 

Sandtree

There is no requirement to attempt a chargeback before a S75 however because of the time a S75 takes most will recommend a chargeback first because if the S75 is unsuccessful you'll then be time barred from a chargeback whereas the reverse isnt true.

Be aware that when doing a S75 the bank will typically want you to provide much more evidence than on a chargeback, such as an independent engineers report that needs to ideally both confirm that there is a defect and provide a view on the most cost effective resolution with cost estimate.

sparky1110_0

Thanks , my problem is the credit card issued me a chargeback company then came to sort issues but that was march when weather was getting better now I see the faults are not fixed and I fear they may say we already issued a chargeback and can't issue section 75 , I will welcome anyone in to fix this 

[Deleted User]

They don't 'issue' section 75. S75 holds them equally liable, so you can raise a s75 claim if the work has not been correctly done. 

However, you could also pursue a chargeback, as that may be the quicker route. But either way, be sure of your ground and have your evidence ready.

Jenni_D

Chargeback is gone .. the (re)payment was in March and chargeback typically has a 120 days limit. However a Section 75 claim is still open to you, but will require evidence as per @Sandtree's reply.

S75 makes the credit provider jointly liable with the seller for the performance of the contract. Therefore any lawful claim you have against the seller you also have against the credit provider. This is not a "Goose who lays the golden egg" scenario though - if there's no seller liability then there's no S75 liability either. (I'm not saying that's the case here - just making you aware).

born_again

sparky1110_0 said:

Hi  , I bought windows using credit card but they were faulty so I contact credit card who helped me and issued a chargeback to me , that made the company come and sort the windows issues or so I thought so paid again using same credit card now the same faults are now showing again as winter comes, yellow silicon which got replaced ,and condensation and cold spits all over windows which have a thermal breach ,now 5he company have my money again they are not interested  can I now raise a section 75 for faulty goods or because I had chargeback doesthat mean I cannot claim , the full charge back I got was repaid to company when I thought they hounered their warranty but now not even replying to me  please help 

Did the company reject the chargeback or have you still got the refund from it?

Alderbank

I think the answer is no and no.

The chargeback was not disputed and OP got the refund.

They then gave it back to the company.

They are asking how to get it back again.

Jenni_D

born_again said:

sparky1110_0 said:

Hi  , I bought windows using credit card but they were faulty so I contact credit card who helped me and issued a chargeback to me , that made the company come and sort the windows issues or so I thought so paid again using same credit card now the same faults are now showing again as winter comes, yellow silicon which got replaced ,and condensation and cold spits all over windows which have a thermal breach ,now 5he company have my money again they are not interested  can I now raise a section 75 for faulty goods or because I had chargeback doesthat mean I cannot claim , the full charge back I got was repaid to company when I thought they hounered their warranty but now not even replying to me  please help 

Did the company reject the chargeback or have you still got the refund from it?

The way I'm reading it - the OP got their money back via the chargeback, but the company came and fixed the issues so the OP paid them (again) using the same CC. So there's only been one effective payment albeit 3 transactions (paid, chargeback, paid again).

sparky1110_0

born_again said:

sparky1110_0 said:

Hi  , I bought windows using credit card but they were faulty so I contact credit card who helped me and issued a chargeback to me , that made the company come and sort the windows issues or so I thought so paid again using same credit card now the same faults are now showing again as winter comes, yellow silicon which got replaced ,and condensation and cold spits all over windows which have a thermal breach ,now 5he company have my money again they are not interested  can I now raise a section 75 for faulty goods or because I had chargeback doesthat mean I cannot claim , the full charge back I got was repaid to company when I thought they hounered their warranty but now not even replying to me  please help 

Did the company reject the chargeback or have you still got the refund from it?

I repaid company as they came and said they fixed faults and gave me my 10 year warranty that I now know is worth nothing, now weather changing the same condensation returning on every window same faults as before 

sparky1110_0

Jenni_D said:

born_again said:

sparky1110_0 said:

Hi  , I bought windows using credit card but they were faulty so I contact credit card who helped me and issued a chargeback to me , that made the company come and sort the windows issues or so I thought so paid again using same credit card now the same faults are now showing again as winter comes, yellow silicon which got replaced ,and condensation and cold spits all over windows which have a thermal breach ,now 5he company have my money again they are not interested  can I now raise a section 75 for faulty goods or because I had chargeback doesthat mean I cannot claim , the full charge back I got was repaid to company when I thought they hounered their warranty but now not even replying to me  please help 

Did the company reject the chargeback or have you still got the refund from it?

The way I'm reading it - the OP got their money back via the chargeback, but the company came and fixed the issues so the OP paid them (again) using the same CC. So there's only been one effective payment albeit 3 transactions (paid, chargeback, paid again).

Thats right just wish I had not paid them again but I have and now going to cost a lot to fix this all windows need replaced 

Jenni_D

Bear in mind that, as they've had an opportunity to make the goods conform to contract and they're again non-conforming, then you can exercise your final right to reject (for a refund) per the Consumer Rights Act. You can do this against the seller, against the CC company under S75, or both. (The goods - windows - would then technically belong to whomsoever refunded you, so they'd need to be removed and you'd need to have replacements ready to fit ... or the new company would need to carefully remove the old ones so as not to damage them unnecessarily).

In either case (seller or S75) you'll probably need to prove the non-conformance - see @Sandtree's first reply to this thread.