Section 75 Help Required for Item Supposedly under warranty bought through eBay Managed Payments

langfordclose

Long story short.  Bought a suite (large u shaped sofa) through Ebay. 
Bought new from a supposed shop/ebay store
It is advertised as having a 12 month warranty
Paid using a Visa Card (Barclaycard) so we thought we would be covered if anything went wrong
During delivery the deliverymen damaged our property and the suite
We had to have most of it replaced or repaired and accepted money for repairs to our property
Less than 2 weeks later we reported the first set of problems to the seller 
5 months in the frame snapped - The suite is hardly used - we do not have kids - it is only 2 of us in the house
we emailed - no response
emailed again - only now it is just nearly 6 months since we ordered it - they come back to say - 'we will repair it'
We do not want a repair - as it is unsafe - and not for purpose etc.
they then said in that case speak to ebay and have ignored all contact since
we contacted Barclaycard who said because we bough through Ebay - no direct buyer-seller route as eBay are a third party they wont do a section 75 
Is our only option County Court?
We have sent a recorded pre court letter to the seller after speaking to Trading Standards - still no response
Any Ideas?
Suite is completely unusable 

theonlywayisup

Is the seller based in the UK?

Barclaycard are correct that the Section 75 rule does not apply as the payment chain was broken. 

MalMonroe

You said, "they then said in that case speak to ebay and have ignored all contact since"

So have you contacted eBay? Because that was the correct advice you were given.

Here is the information you need - https://pages.ebay.co.uk/buyerprotectionguide/

When a seller fails to solve your problem you can turn to eBay. They offer all users a 100% money back guarantee.

There's also this - https://www.ebay.co.uk/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?id=4210

soolin

MalMonroe said:

You said, "they then said in that case speak to ebay and have ignored all contact since"

So have you contacted eBay? Because that was the correct advice you were given.

Here is the information you need - https://pages.ebay.co.uk/buyerprotectionguide/

When a seller fails to solve your problem you can turn to eBay. They offer all users a 100% money back guarantee.

There's also this - https://www.ebay.co.uk/help/policies/ebay-money-back-guarantee-policy/ebay-money-back-guarantee-policy?id=4210

After 6 months ebay won’t be in the slightest bit interested. The last link you posted covers the buyer guarantee and covers the 30 day requirement for claims , eBay don’t offer warranties at all they simply cover INR claims or claims that item delivered does not match description, and that’s about it. 

A seller suggesting you call eBay is a way of dismissing a buyer. 

Spoonie_Turtle

If it's a business you bought from, consumer rights should apply - and you presumably have evidence the sofa broke after 5 months, so chasing whatever appropriate resolution should be on that basis because you rightly contacted  the seller at the time. 

soolin

Spoonie_Turtle said:

If it's a business you bought from, consumer rights should apply - and you presumably have evidence the sofa broke after 5 months, so chasing whatever appropriate resolution should be on that basis because you rightly contacted  the seller at the time. 

I agree, this needs to go via standard legal routes - just as if item had been bought on any other site . OP you need to start saving all the info and paperwork that you can about this seller and sale and will also need the geographic address of the seller but this is available on any of their eBay listings (assuming they are a business) 

langfordclose

Thank you everyone, yes they are a business, I have as I say sent a recorded letter to them, no response - obviously, so i think my only course of action now is county court.  I was just hoping there may have been a way to push Barclaycard into helping with the section 75 or something with it being less than 6 months when the problems were first reported.  It is now over 6 months but yes I do have all the evidence thankfully.  Including reassurance (in writing) from the seller that it would be covered by a 12 month warranty before we agreed to the 1st replacement/repair. Even thought of naming Ebay as a third party in the court case as technically took a percentage and its down to them and the managed payments that caused the Visa section 75 claim to fall through.
So many people buying items over £100 are going to fall into the same trap as me - so something needs to be done to address this as at the moment Ebay are basically allowing sellers to use the Managed payments as a way to get away with selling shoddy goods and only cover a buyer for their 30 day money back guarantee.
Surely this is something that someone like martin Lewis himself could look into?

cx6

Prior to Managed Payments, you would have paid Paypal via your card and Paypal would have paid the seller so you would still not have had S75 protection (although you would have had Paypal protection).

Managed Payments (where eBay now pay the seller) does not have anything to do with your S75 problem.

Looks like the only protection you can get with eBay is the usual INR /SNAD remedy and if you pay by Paypal then whatever protection Paypal offer you.

Also whereas I am sure there are lots of reputable sellers on eBay, I would bet there are a lot selling junk. You get what you pay for probably.