Can I make a claim under section 75 for an Ebay purchase?

FataVerde

I purchased an item of over £600 on Ebay with my Amex CC. The product was not as described and I documented this. Can I make a claim under Section 75 with Amex? Or are Ebay purchases excluded as third-party purchases?

Neil49

What courses of action have you taken via eBay? 

DullGreyGuy

FataVerde said:

I purchased an item of over £600 on Ebay with my Amex CC. The product was not as described and I documented this. Can I make a claim under Section 75 with Amex? Or are Ebay purchases excluded as third-party purchases?

Unlikely, depends on exactly how you paid but if its via eBay or PayPal then normally there are too many parties involved in the chain to meet the requirement of the Debtor, Creditor, Supplier three way relationship. 

You can however potentially do a chargeback but if that makes the funds come from your account or the sellers will depend on the mechanism you used to pay.

soolin

FataVerde said:

I purchased an item of over £600 on Ebay with my Amex CC. The product was not as described and I documented this. Can I make a claim under Section 75 with Amex? Or are Ebay purchases excluded as third-party purchases?

Why have you lost the SNAD claim, can we help at all?

Wonka_2

FataVerde said:

I purchased an item of over £600 on Ebay with my Amex CC. The product was not as described and I documented this. Can I make a claim under Section 75 with Amex? Or are Ebay purchases excluded as third-party purchases?

Is this the same issue as your previous post - or have you been unlucky twice ?

Amex dispute claim frustration — MoneySavingExpert Forum

soolin

Wonka_2 said:

FataVerde said:

I purchased an item of over £600 on Ebay with my Amex CC. The product was not as described and I documented this. Can I make a claim under Section 75 with Amex? Or are Ebay purchases excluded as third-party purchases?

Is this the same issue as your previous post - or have you been unlucky twice ?

Amex dispute claim frustration — MoneySavingExpert Forum

Well spotted, if it is the same case then that does put an unfortunate slant on it. 

OP it looks like you have already opened cases which due to various situations have been closed- I'm not sure whether a 75 claim is even going to be possible now as you've already had one go at Amex . 

the_lunatic_is_in_my_head

Guardian article from 2013 

https://www.theguardian.com/money/2013/jan/19/amazon-marketplace-purchases-not-covered-consumer-credit-act

says S75 doesn't apply to purchases from Amazon marketplace, I would assume the same applies to eBay given the similar set up these days. 

OP sadly you only get one go at a chargeback and as you've found out that can require the goods to be returned and sadly you only get one go at an eBay case and IIRC there is something in the terms about Moneyback Guarantee cases being closed if a payment dispute case is opened. 

If you can somehow get the seller's name then small claims is an option. 

There was a story in a video on Youtube where a buyer took eBay to small claims and eBay paid out but that was only because defending such claims is expensive for them and the one point missing from the video was whether the buyer kept their eBay account or not. 

What is the phone worth resold on eBay with the correct description? 

FataVerde

soolin said:

OP it looks like you have already opened cases which due to various situations have been closed- I'm not sure whether a 75 claim is even going to be possible now as you've already had one go at Amex . 

MSE seems to suggest you can open a claim under section 75 after you opened a chargeback. That's why my question is about Ebay status in particular. I had already read the Guardian article, but my general reading online was that it's a grey area.

'Covered by Section 75 AND chargeback? Consider chargeback first
Even though chargeback isn't legal protection (whereas Section 75 is), if the full value of your purchase is protected by both schemes, it often makes sense to try chargeback first.'  https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

FataVerde

Wonka_2 said:

Is this the same issue as your previous post - or have you been unlucky twice ?

Amex dispute claim frustration — MoneySavingExpert Forum

Same issue, very different question specifically about Ebay status under section 75. It's important to know for other purchases as well if purchasing on ebay ever falls under section 75.