Can I make a Section 75 Claim with Barclaycard

boy20z

Hello,

I within the last week purchased a laptop from a large PC manufacturer.

The courier delivering the items tried to deliver the item twice over 2 days unsuccessfully, claiming they couldn’t find the address and items went back to the delivery depot.

On the third delivery attempt (3rd day) they sent the items out for delivery, and within 3 hours I had a message to say the item had been picked up from the sorting office by someone with a very different name to me and signature.

I’ve contacted the sender (retailer) and parcel force who are not being very helpful right now.

I paid with my Barclaycard Visa Credit Card. Can I raise a Section 75 Claim for this. The item purchased was over £2,100 GBP and paid for fully with my credit card.

I have proof that the item according to the courier and the couriers tracking system that the item was collected by someone with a different name and signature to me.

How easy is it to make a section 75 claim and does anyone have any experience of this with Barclaycard? If I make a section 75 claim, will the merchant know I have raised/disputed account this with my bank and could the retailer refuse to help further with this?

I have tried reaching out to the retailer, who has told me their investigating and that I need to contact the courier company they used. 

The courier company is telling me to contact the sender (in this case the retailer), neither are being very helpful. 

 I’m concerned if I dispute the transaction as a chargeback the retailer turn nasty and refuse to help me at all or in the worst case try and take me to court. 

Is section 75 applicable here and can I hold my credit card provider Barclaycard jointly liable?

DullGreyGuy

boy20z said:

Hello,

I within the last week purchased a laptop from a large PC manufacturer.

The courier delivering the items tried to deliver the item twice over 2 days unsuccessfully, claiming they couldn’t find the address and items went back to the delivery depot.

On the third delivery attempt (3rd day) they sent the items out for delivery, and within 3 hours I had a message to say the item had been picked up from the sorting office by someone with a very different name to me and signature.

I’ve contacted the sender (retailer) and parcel force who are not being very helpful right now.

I paid with my Barclaycard Visa Credit Card. Can I raise a Section 75 Claim for this. The item purchased was over £2,100 GBP and paid for fully with my credit card.

I have proof that the item according to the courier and the couriers tracking system that the item was collected by someone with a different name and signature to me.

How easy is it to make a section 75 claim and does anyone have any experience of this with Barclaycard? If I make a section 75 claim, will the merchant know I have raised/disputed account this with my bank and could the retailer refuse to help further with this?

I have tried reaching out to the retailer, who has told me their investigating and that I need to contact the courier company they used. 

The courier company is telling me to contact the sender (in this case the retailer), neither are being very helpful. 

 I’m concerned if I dispute the transaction as a chargeback the retailer turn nasty and refuse to help me at all or in the worst case try and take me to court. 

Is section 75 applicable here and can I hold my credit card provider Barclaycard jointly liable?

S75 is a fairly long process but in principle as long as the credit card account is yours and the order was for you it would apply however over such a short timeframe I'd continue working with the merchant first.

A chargeback would normally be a better option however given there is some evidence of its collection I dont know if it would automatically fail, its a rather crude tool and not really there for cases that require substantial investigation etc.

Your bank may contact the merchant for further information though they dont have police investigatory powers so can easily be turned away on the grounds of data protection. Obviously if you do make a S75 claim and the bank accept it then absolutely the merchant should stop assisting you as you've already been reimbursed.

born_again

boy20z said:

Hello,

I within the last week purchased a laptop from a large PC manufacturer.

The courier delivering the items tried to deliver the item twice over 2 days unsuccessfully, claiming they couldn’t find the address and items went back to the delivery depot.

On the third delivery attempt (3rd day) they sent the items out for delivery, and within 3 hours I had a message to say the item had been picked up from the sorting office by someone with a very different name to me and signature.

I’ve contacted the sender (retailer) and parcel force who are not being very helpful right now.

I paid with my Barclaycard Visa Credit Card. Can I raise a Section 75 Claim for this. The item purchased was over £2,100 GBP and paid for fully with my credit card.

I have proof that the item according to the courier and the couriers tracking system that the item was collected by someone with a different name and signature to me.

How easy is it to make a section 75 claim and does anyone have any experience of this with Barclaycard? If I make a section 75 claim, will the merchant know I have raised/disputed account this with my bank and could the retailer refuse to help further with this?

I have tried reaching out to the retailer, who has told me their investigating and that I need to contact the courier company they used. 

The courier company is telling me to contact the sender (in this case the retailer), neither are being very helpful. 

 I’m concerned if I dispute the transaction as a chargeback the retailer turn nasty and refuse to help me at all or in the worst case try and take me to court. 

Is section 75 applicable here and can I hold my credit card provider Barclaycard jointly liable?

I think you are being hard on the retailer with "not being helpful" as they have said  they are investigating, so they will be waiting for courier to do the same as to what has happened. This will take at least a week, so you need to give them chance to do their work.

You have no contract with courier, that is for retailer to sort.
Who is the courier given the mention of sorting office?

Chargeback could well be disputed by retailer as they have proof of delivery (that is all they need to dispute) & would be the 1st route the bank would take.
S75 would come into play after that, but is not clear cut, & will take time to sort.

boy20z

The retailer remains unhelpful and is directing me to the courier, the courier is also unhelpful directing me to the retailer (sender)

the courier is parcel force.  

It’s an expensive item worth over £2k which is why I’m concerned. 

I haven’t contacted the bank yet, but the retailer has not offered to replace / refund anything as of yet and the parcel has been missing for 5 days. 

The tracking information provided by the courier Parcelforce shows that they failed to deliver the item twice. Then someone with a different name and signature went to the couriers local sorting office/depot and collected the item. I have proof of this as it’s on the tracking information of the parcel. 

Is the retailer bound to refund/replace my items and aside from this how long do I give the retailer, if they don’t assist before contacting the bank for help. 

I haven’t contacted my bank/credit card provider for any claim yet. 

DullGreyGuy

Your contract is with the retailer and the parcel is their responsibility until its delivered to you or someone you nominate to receive on your behalf. You need to not be fobbed off with them telling you to go to the courier even if ParcelForce is one of the ones that do talk to both sender and receiver. They are free to discuss with ParcelForce and given the values involved, will reasonably want the courier to complete their own investigations first, but they must be dealing with the courier not you. 

Last time I sent an expensive item it was by ParcelForce on 24hr delivery. All tracking looked good and suddenly it just stopped. 8 days later then got notification it'd been delivered. No explanation where it was for those days, recipient confirmed parcel in good condition and naturally they refunded the delivery but was a worry for those days. 

MEM62

boy20z said:

Then someone with a different name and signature went to the couriers local sorting office/depot and collected the item.  

How?  You usually have to take the "Sorry, we missed you" card and ID with you in order to collect.  At the very least they would have needed to know the tracking number.     

grumbler

born_again said:

boy20z said:

Hello,

I within the last week purchased a laptop from a large PC manufacturer.

The courier delivering the items tried to deliver the item twice over 2 days unsuccessfully, claiming they couldn’t find the address and items went back to the delivery depot.

On the third delivery attempt (3rd day) they sent the items out for delivery, and within 3 hours I had a message to say the item had been picked up from the sorting office by someone with a very different name to me and signature.

I’ve contacted the sender (retailer) and parcel force who are not being very helpful right now.

I paid with my Barclaycard Visa Credit Card. Can I raise a Section 75 Claim for this. The item purchased was over £2,100 GBP and paid for fully with my credit card.

I have proof that the item according to the courier and the couriers tracking system that the item was collected by someone with a different name and signature to me.

How easy is it to make a section 75 claim and does anyone have any experience of this with Barclaycard? If I make a section 75 claim, will the merchant know I have raised/disputed account this with my bank and could the retailer refuse to help further with this?

I have tried reaching out to the retailer, who has told me their investigating and that I need to contact the courier company they used. 

The courier company is telling me to contact the sender (in this case the retailer), neither are being very helpful. 

 I’m concerned if I dispute the transaction as a chargeback the retailer turn nasty and refuse to help me at all or in the worst case try and take me to court. 

Is section 75 applicable here and can I hold my credit card provider Barclaycard jointly liable?

Chargeback could well be disputed by retailer as they have proof of delivery 

Do they? Proof of delivery to the customer or, at least, to the address?
But I agree, the OP has to give them more time.

born_again

grumbler said:

Do they? Proof of delivery to the customer or, at least, to the address?
But I agree, the OP has to give them more time.

Yes, if they have proof of delivery/pick up. It makes no matter who or where. That is all the card regulations work on. 👍
Unlike you consumer rights where it is still senders responsibility till it is delivered to you.

OP needs to complain to sender, reminding them that they contracted courier, so it is their responsibility to chase them & consumer rights state till it is delivered to OP, it is still their property.

DullGreyGuy

grumbler said:

born_again said:

boy20z said:

Hello,

I within the last week purchased a laptop from a large PC manufacturer.

The courier delivering the items tried to deliver the item twice over 2 days unsuccessfully, claiming they couldn’t find the address and items went back to the delivery depot.

On the third delivery attempt (3rd day) they sent the items out for delivery, and within 3 hours I had a message to say the item had been picked up from the sorting office by someone with a very different name to me and signature.

I’ve contacted the sender (retailer) and parcel force who are not being very helpful right now.

I paid with my Barclaycard Visa Credit Card. Can I raise a Section 75 Claim for this. The item purchased was over £2,100 GBP and paid for fully with my credit card.

I have proof that the item according to the courier and the couriers tracking system that the item was collected by someone with a different name and signature to me.

How easy is it to make a section 75 claim and does anyone have any experience of this with Barclaycard? If I make a section 75 claim, will the merchant know I have raised/disputed account this with my bank and could the retailer refuse to help further with this?

I have tried reaching out to the retailer, who has told me their investigating and that I need to contact the courier company they used. 

The courier company is telling me to contact the sender (in this case the retailer), neither are being very helpful. 

 I’m concerned if I dispute the transaction as a chargeback the retailer turn nasty and refuse to help me at all or in the worst case try and take me to court. 

Is section 75 applicable here and can I hold my credit card provider Barclaycard jointly liable?

Chargeback could well be disputed by retailer as they have proof of delivery 

Do they? Proof of delivery to the customer or, at least, to the address?
But I agree, the OP has to give them more time.

Chargeback is a relatively crude tool... ParcelForce say it was collected from them, presumably with sufficient evidence of authorisation to do so, then the claim will be rejected.

Those processing chargebacks arent going to investigate the Ops claim that they didnt authorise the person to collect it or wait for PF to review the collection etc. The OP has the option of S75 or the courts if they disagree (in the same way the merchant can use the courts if they disagree with an upheld chargeback)

grumbler

born_again said:

grumbler said:

Do they? Proof of delivery to the customer or, at least, to the address?
But I agree, the OP has to give them more time.

Yes, if they have proof of delivery/pick up. It makes no matter who or where. That is all the card regulations work on. 👍

So, it's proof of delivery SOMEWHERE to SOMEBODY.  This is really hard to believe.

DullGreyGuy

grumbler said:

born_again said:

grumbler said:

Do they? Proof of delivery to the customer or, at least, to the address?
But I agree, the OP has to give them more time.

Yes, if they have proof of delivery/pick up. It makes no matter who or where. That is all the card regulations work on. 👍

So, it's proof of delivery SOMEWHERE to SOMEBODY.  This is really hard to believe.

Yes, chargeback is meant to be simple to administer. You can prove you sent it to the address the person asked and its marked as delivered then thats good enough. If there is to be an argument if it went to the right person etc then thats one for S75 or the courts.