Has anyone used Section 75 against Vinted?

dj1956

I suspect I have been scammed on Vinted. I bought a Dyson hairdryer as a Christmas present for my daughter but she suspects it is fake and has sent it to Dyson to be checked. I thought I had been so careful by checking previous reviews and requesting photos with a date against them and communication with the seller was really good, but now I have doubts as the seller appears to now be blocked and the original post removed. Has anyone successfully used section 75 to get their money back?

Mark_d

Did you pay the supplier directly, using your credit card?  This is a condition of Section 75

marcia_

 Or perhaps you are thinking of a chargeback? 

the_lunatic_is_in_my_head

If the hair dryer was over £100 OP contact your card provider and ask about Section 75, they'll advise whether the transaction is covered or not.

If it is they have the same liability which, given they can't repair and are unlikely to buy you a genuine Dyson hair dryer, will be a full refund.

Burden of proof lies with them within the first 6 months but anything you can obtain to support your position obviously makes life easier. 

Effectively there's no time limit but getting it sorted before 6 months prevents that burden of proof falling solely on yourself  

born_again

Never used vinted, but guess you pay them & they pass funds to seller (unless vinted started actually selling products)

So there would be NO S75 as no debtor - creditor link. paying a 3rd party breaks the link.

If you can get proof it is counterfeit than there maybe a chargeback right (no need to send back either in this case) But if you are paying vinted, instead of seller they could reject, as they have not sold the item.

eddddy

Vinted is an online marketplace (a bit like 'buy it now' on ebay). 

• Transactions are typically between private individuals who sell things, and private individuals who buy things.

• When you buy something, typically the buyer pays the money to Vinted and then Vinted pays the money to the seller.

• Therefore, there is no "debtor-creditor-supplier agreement" between the buyer and seller

So Section 75 protection won't apply. But you can try doing a chargeback.


(Also, bear in mind that you have fewer consumer rights if you buy from a private individual, compared to buying from a trader.)

the_lunatic_is_in_my_head

eddddy said:

• Transactions are typically between private individuals who sell things, and private individuals who buy things

This is a good point, whilst I would assume legally you'd be due a refund from a private seller for a counterfeit item, if S75 were to apply to a purchase with a private seller (whilst noting born_again's post that in this case it doesn't) it wouldn't be the Consumer Rights Action but rather the Sale of Goods Act for the card provider to base this issue against. 

I don't know if businesses use Vinted, to determine business or private I guess you can look at the sellers other items which might give you clues as to whether they were just selling one hair dryer or have loads of stuff like that available for sale. 

I'm assuming you are out of time for claiming via Vinted? Do you have the seller's address? Could be on the postage label if you still have that? 

soolin

As above really, when you buy on Vinted the money shows on your statement as going to Vinted (well, the trading name anyway) . Unlike ebay Vinted then hold the funds until the buyer confirms all is well, only at that point are funds released to the seller , and most are paid to the seller using the Mangopay name.

Vinted is meant to be for second hand preloved items, they have introduced categories for some electric items, but those have to be brand new- and that's when the scammers arrived. The forums on Vinted are full of warnings, upmarket hair products, like the Dyson, also branded designer goods - for anyone that uses Vinted regularly the scams are obvious , the user es tend to be random computer generated letters and numbers and they have little or no feedback. Unfortunately those new to Vinted get caught easily as the scammers are slick and very convincing.