Section 75 Claims

I bought a product from Etsy in 2020.Unfortunately,  the product was not as advertised.The company declined any returns due to covid.

The company is no longer in operation. I claimed a refund  via the credit card company. However, it was declined as it was submitted outside the timeframe allowed by Mastercard and Visa.

I  re-applied for another  Claim  under Section 75.They have declined that too as they want me to send them an invoice. When I bought the products, I received a receipt which I have already sent to them. Please see their email below which they sent today:

To be able to consider the dispute under Section 75 of the Consumer Credit Act 1974 a full copy of the sales invoice is required.
 
The invoice must show the following:
  • the purchaser name and address
  • delivery address for the goods
  • details of the goods purchased
  • confirmation of the cost of the goods purchased
  • seller/merchant details
Please advice me as I have no options left due to lack of Invoice.Thank you

Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    A section 75 claim requires a direct relationship between the Debtor (you) - Creditor (your bank) - Supplier

    With Etsy you are buying from the maker (the Supplier) but you pay Etsy (the market place). That additional party in the transaction means that a S75 claim will fail even if you found an invoice.

    Haven't been in an Etsy account for years but I would have thought you can download an invoice from there in the same way as you can in Amazon for an Amazon Marketplace sale which suffers the same issue with S75
  • born_again
    born_again Posts: 19,738 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Esty only shows a receipt.
    But does show most of the details required details. It's the seller/merchant details that are a bit iffy, as they only show the name they use on Esty & there is not a full address only a location on map & town/county.
    Life in the slow lane
  • Ectophile
    Ectophile Posts: 7,886 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    With Etsy you are buying from the maker (the Supplier) but you pay Etsy (the market place). That additional party in the transaction means that a S75 claim will fail even if you found an invoice.


    It's not that simple.  If Etsy were simply acting as the payment processor, then a Section 75 claim is still valid.


    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    Ectophile said:
    With Etsy you are buying from the maker (the Supplier) but you pay Etsy (the market place). That additional party in the transaction means that a S75 claim will fail even if you found an invoice.


    It's not that simple.  If Etsy were simply acting as the payment processor, then a Section 75 claim is still valid.


    https://www.financial-ombudsman.org.uk/decision/DRN9322874.pdf
    https://www.financial-ombudsman.org.uk/decision/DRN-3062247.pdf
    https://www.financial-ombudsman.org.uk/decision/DRN8067591.pdf
    https://www.financial-ombudsman.org.uk/decision/DRN-3062247.pdf
    https://www.financial-ombudsman.org.uk/decision/DRN8484579.pdf

    Take your pick, there are 12 pages of cases with online market places with every one the complaint isn't upheld and these are all just from page 1 (others were debit card/fraud rather than S75).

    Online Marketplaces dont just act as a payment processor. 
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