Section 75 Cashback

bell52d

Hello Im new to your great Site and looking for advise please? I live in Scotland and would like to know if by Claiming Monies back from Mastercard ie section 75 cashback. Using Short Term Rights to Reject damaged/faulty goods over £100. Do I need to let a Manager or Service Technician into my home to inspect, if their Driver took photos of Damage and I also sent photos & videos to their Customer Service Dept of 2 faults arising (part broke off)  with electric head rests within a 12 hour period?? Many thanks for any advice 

km1500

what did you buy

where from

how much

how did you pay

what happened

CliveOfIndia

As per the previous poster, some more details would be helpful.  But in general you should understand that S75 is only applicable where the supplier has breached the terms of their contract.  So if they supply you with a faulty item, you must liaise with the supplier first and ask them to repair or replace it.  It's only if they refuse that you may have a S75 claim.

And if you do make a S75 claim, the credit card company often will require an expert report on the damage before they decide whether they will settle the claim or not.

bell52d

km1500 said:

what did you buy

where from

how much

how did you pay

what happened

Km1500 

3, 2, 1 Sofas from DFS. Ex Display in Pristine Condition. Over £3000. Paid by Mastercard. Order arrived 2 weeks later (uplifted at Dundee Branch and taken to Edinburgh Branch for Inspection and Wrapping prior to delivery to me, then sent from Edinburgh to me when checked and wrapped). 2 seater arrived with small scuff caused by an attached metal chain used for their tickets I presume. Drivers left sofas and sent pictures to the Head Office. First time sitting on 1 seater and using electric  Head Rest I heard a Cracking noise and head rest stop working. Same evening sat on 2 seater,  I used head rest and heard Cracking Noises. This head rest is still working though. I sent videos to Head Office. The Dundee Manager has to deal with Complaint. I excercised my Short Term Rights and he is refusing uplift and credit and quoting their Complaints Procedure ie a Service Technician or Him  must visit to asertain the defects. Ive rejected the visit as they have photos and video evidence. Dont want to create a Section 75 or Chargeback if I have to accept a Visit from DFS first. I dont want to cause further  delays to my complaint. Many Thanks

eskbanker

bell52d said:
Ive rejected the visit as they have photos and video evidence. Dont want to create a Section 75 or Chargeback if I have to accept a Visit from DFS first. I dont want to cause further  delays to my complaint.

If you pursue the card provider under section 75, they'll almost certainly require an independent report on the condition of the goods (which you'd need to commission and pay for, albeit reclaimable if successful), so that'll necessitate a visit anyway, so it seems unlikely that you'd be able to avoid someone coming to take a look one way or another - what's your objection to this?

DullGreyGuy

CliveOfIndia said:

So if they supply you with a faulty item, you must liaise with the supplier first and ask them to repair or replace it.  It's only if they refuse that you may have a S75 claim.

There is no requirement to deal with the merchant at all, S75 makes the creditor jointly and severally liable with the merchant. If you think otherwise please quote the clause.

It can be sensible to deal with the merchant first as they are normally more amenable and have the processes for arranging their own inspections whereas a bank will normally require you to source and pay for an independent expert report.  

born_again

bell52d said:

km1500 said:

what did you buy

where from

how much

how did you pay

what happened

Km1500 

3, 2, 1 Sofas from DFS. Ex Display in Pristine Condition. Over £3000. Paid by Mastercard. Order arrived 2 weeks later (uplifted at Dundee Branch and taken to Edinburgh Branch for Inspection and Wrapping prior to delivery to me, then sent from Edinburgh to me when checked and wrapped). 2 seater arrived with small scuff caused by an attached metal chain used for their tickets I presume. Drivers left sofas and sent pictures to the Head Office. First time sitting on 1 seater and using electric  Head Rest I heard a Cracking noise and head rest stop working. Same evening sat on 2 seater,  I used head rest and heard Cracking Noises. This head rest is still working though. I sent videos to Head Office. The Dundee Manager has to deal with Complaint. I excercised my Short Term Rights and he is refusing uplift and credit and quoting their Complaints Procedure ie a Service Technician or Him  must visit to asertain the defects. Ive rejected the visit as they have photos and video evidence. Dont want to create a Section 75 or Chargeback if I have to accept a Visit from DFS first. I dont want to cause further  delays to my complaint. Many Thanks

You may find that S75 is rejected if you do not follow their procedure. As they can argue that you are breeching their terms to resolve the matter.

Bear in mind S75 is never a quick process, & CC will ask for a independent report.

bell52d

Thank you to everyone. Complaint has now been resolved.