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 

penners324

Ebay refunds?

langfordclose

Hi Penners324, thanks but Ebay were about as much use as a chocolate teapot, they just fobbed me off with 'its passed the 30 day so we dont cover it' they basically only help no matter what the cost for 30 days after that even though they take a percentage they could not care less

[Deleted User]

You would have to do a letter before action if they will not reply to you, Barclays are correct S75 doesn't apply as there is no direct link between debtor and creditor.

cx6

i assume they are a uk company not a chinese company pretending to be a uk company?

[Deleted User]

Always ask for refund from the card issuer - they may been able to chargeback the transaction even if no S75 is available.

Also, check if PayPal aren't simply the merchant's card processor as S75 can apply in those circumstances. 

Sandtree

Deleted_User said:

Always ask for refund from the card issuer - they may been able to chargeback the transaction even if no S75 is available.

Also, check if PayPal aren't simply the merchant's card processor as S75 can apply in those circumstances. 

The problem is how the middleman works... in most cases if you do a chargeback all you do is leave your PayPal/eBay account with a negative balance which they will then collect from one of your payment methods as per their T&Cs

born_again

Deleted_User said:

Always ask for refund from the card issuer - they may been able to chargeback the transaction even if no S75 is available.

Also, check if PayPal aren't simply the merchant's card processor as S75 can apply in those circumstances. 

Not after 5 months...
120 day max.

Also company have offered to repair. So OP has to given them chance too. They can't simply say they want a refund. It's up to the retailer to decide what they will do.