section 75/ chargeback claim for transaction under £100

whalemoney

Hi I have a transaction from a website whereby the item is defective.  I've reported it to the website and they pretty much send back the same copy and pasted response obliging me to post it back at my own expense and then they'll refund the original payment (but not the postage fee).  Considering I'd need to send it recorded to cover my back (or ideally, special delivery) I really don't see why I should be in any way out of pocket for their breach of contract.

I've quoted the appropriate sections of The Consumer Rights Act 2015 with regards to returns costs but I'm flogging a dead horse with them.

As I don't have the time for the continual back and forth, I thought I'd check on this forum to see what your thoughts are about filing a s75 to my CC (Tesco Mastercard).  When I've requested a chargeback off Amex for transactions under £100, Amex are decent about it and always just refund me to save us both the hassle. With Tesco bank however, in previous correspondence with them over the past decade or so, I've always found them to be very evasive whenever they can get away with not paying out I've found they'll take that option. 

Anybody have any experiences with Tesco/ Mastercard with s75/ chargeback claims under £100?

GrumpyDil

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Which website is it as if you returning be use of the goods being faulty they should be covering the return costs. 

MEM62

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

IanManc

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Whatever the supplier's T&Cs purportedly "may require", Section 20(8) Consumer Rights Act 2015 clearly says: "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."  

born_again

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Chargebacks do not rely of breech of contract etc.
They work off the card co's regulations.

So part of this for faulty goods is that goods should be returned to retailer, unless retailer is being obstructive in allowing a return.

MEM62

IanManc said:

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Whatever the supplier's T&Cs purportedly "may require", Section 20(8) Consumer Rights Act 2015 clearly says: "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."  

I stand corrected sir.  

IanManc

MEM62 said:

IanManc said:

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Whatever the supplier's T&Cs purportedly "may require", Section 20(8) Consumer Rights Act 2015 clearly says: "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."  

I stand corrected sir.  

Yes, it's a useful piece of legislation that is, for once, clear and unambiguous.  

whalemoney

IanManc said:

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Whatever the supplier's T&Cs purportedly "may require", Section 20(8) Consumer Rights Act 2015 clearly says: "Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them."  

This is what I've been quoting but it's like banging my head against a brick wall.

This is how I expect its going to play out;
1) I report it to Tesco Bank
2) Tesco bank ask for evidence that I've raised it with the seller
3) I provide evidence of the back and forth of them ignoring the Consumer Rights Act
4) Tesco tell me to post it back at my own expense and I'm back to square one, having to pay out of my own pocket just to get my money back for a defective item.

With regards to the wording of this legislation "the trader must bear any reasonable costs", can I therefore put that obligation onto Tesco Bank to assume the role of trader?  Or can Tesco reply that they aren't the trader and therefore aren't liable to cover return postage.

whalemoney

born_again said:

MEM62 said:

GrumpyDil said:

As it is under 100.00 it doesn't qualify for s.75 but you can request a chargeback on the basis that the supplier has failed to meet the term of the contract but they can challenge that.

Assuming that the supplier has broken the terms of the contract.  Their T's and C's may require return of the item at the customer's expense.   

Chargebacks do not rely of breech of contract etc.
They work off the card co's regulations.

So part of this for faulty goods is that goods should be returned to retailer, unless retailer is being obstructive in allowing a return.

I'm confused by this post.  What's your conclusion?  Are you saying that I am liable for the costs of return?

Also, with regards to the bank's chargeback regulations, do all banks follow the same principles or are they all different in what they''ll accept and reject?  I'd imagine if the banks are setting their own regulations then they'll just BS their way into being able to reject as many chargeback requests as possible?

retiredbanker1

I don't think I have missed it but can the OP please confirm that the retailer is actually based in UK (and liable under our laws) or abroad (where the laws of that country is in force).

A lot of websites these days look as they are operating from the UK but often trade from places such as China.

whalemoney

retiredbanker1 said:

I don't think I have missed it but can the OP please confirm that the retailer is actually based in UK (and liable under our laws) or abroad (where the laws of that country is in force).

A lot of websites these days look as they are operating from the UK but often trade from places such as China.

Hi I'll name and shame them once it's all complete.  They're registered at Companies House so I'm assuming that makes them culpable to comply with the Consumer Rights Act.

Out of interest, as you're a retired banker, I've always wondered if when a s75 or chargeback is successful, does the retailer have the funds taken back by the bank?  Or does the bank just pay the customer out of their own pocket and then assess whether it's worth pursuing the retailer to recover their loss/ write it off.