Advice on how to proceed after retailer refused refund

08orem

• On 05/09/2019 I placed a pre-order for an item paid with 12 monthly payments of $58.95 with Purism.
• On 06/08/2020 I completed the final payment.
• On 21/09/2022 I contacted Purism requesting a refund, to which I received the following reply: "... clients are contacted when their pre-order is ready to ship to confirm shipping details, at which point you can decline shipping and opt to receive a full refund."
  
• On 11/04/2023 Purism contacts me informing me that my order is ready for shipping and I immediately reply that I would like to be refunded instead.
• On 25/04/2023, Purism support contacts me saying "I've registered your refund request and our finance department will contact you as soon as they're ready to process your refund"
• On 15/10/2023, I inquire as to the status of the refund I have not received and am told "Sadly, we do not process any refunds at the moment ... I do not have any timeline for the refund. All the information I currently have indicates it will not be processed any time soon"
• On 30/10/2023 I send a "formal and final demand for a refund for payments totalling 563.96 GBP made to Purism for order 3581079338 between 05/09/2019 and 06/08/2020" with a full timeline and transaction history giving them until new year's to refund my money

Purism acknowledged my demand, but have not processed my refund. I initially paid with my credit card, but switched to my debit card for the final 3 payments.

As I understand, the fact that I used a BNPL provider, Splitit, means that I am not covered by Section 75, and I cannot use my credit card provider to refund the payments.

So, based on the FAQ, I should complain to Splitit first, and then try contacting my bank for a chargeback?

Thanks for any advice

noitsnotme

Where are you located?  Both Purism and Splitit are based in the US.

This is a UK forum and not many people are likely able to help with US specific issues.  Even if you are based in the UK you are dealing with two US companies so it will most likely rely on US consumer laws.

eskbanker

08orem said:

• On 06/08/2020 I completed the final payment.

[...]

So, based on the FAQ, I should complain to Splitit first, and then try contacting my bank for a chargeback?

You're way too late for chargeback after over three and a half years - the normal limit is 120 days from payment but it can be extended to a maximum 540 days for future-dated purchases....

Alderbank

OP paid in USD but requested refund for payments totalling 563.96 GBP which suggests they are in UK.

They ask if they could claim chargeback for the 25% (about £140) they paid by debit card:

Chargeback has strict time limits, normally 120 days from payment date. OP made the final payment in 2020.
Chargeback does have an extended limit of about 18 months for future events such as travel tickets, show tickets, etc., but even this limit has passed so chargeback might not be possible.

Splitit, a mini-me version of Klarna, say Chargeback is not possible because their product breaks the link between consumer and merchant.

Purism is a small company (about 30 employees) located in San Francisco, California. They tempted buyers worldwide with the promise of phones and laptops better than any using Android or AppleOS. Disappointed investors are now demanding their money back but Purism don't refund, probably because they have spent all the money. They claim they are not refusing to refund, just delaying a bit.

There are lots of threads about this around on the internet, on Reddit, etc.
This site https://www.toomanyatoms.com/computer/librem_trainwreck.html claims that a few hardy souls in California have taken Purism to court in their home state and forced them to repay but it seems that Purism never gives money back without a fight.

Sorry this does not seem to be good news.

born_again

As above given the timeframe there is no recourse via chargeback.

Given OP paid part on Credit Card, So S75 would come in to play as much longer timeframe (Taking it that OP is UK user)

• On 25/04/2023, Purism support contacts me saying "I've registered your refund request and our finance department will contact you as soon as they're ready to process your refund"

Given no refund would be a breech of contract.
So Op should get the whole amount back. 

eskbanker

born_again said:

As above given the timeframe there is no recourse via chargeback.

Given OP paid part on Credit Card, So S75 would come in to play as much longer timeframe (Taking it that OP is UK user)

• On 25/04/2023, Purism support contacts me saying "I've registered your refund request and our finance department will contact you as soon as they're ready to process your refund"

Given no refund would be a breech of contract.
So Op should get the whole amount back. 

S75 is out when funding via a third party BNPL provider:

08orem said:
As I understand, the fact that I used a BNPL provider, Splitit, means that I am not covered by Section 75

born_again

Good point, missed that. 
Strike through added 👍

08orem

Where are you located?

I am based in the UK.

www.toomanyatoms[.]com/computer/librem_trainwreck.html

Thanks, this is a useful link, I will send them a demand letter, do the report fraud thing, and maybe contact the California Attorney General like the other guy did.

DullGreyGuy

eskbanker said:

born_again said:

As above given the timeframe there is no recourse via chargeback.

Given OP paid part on Credit Card, So S75 would come in to play as much longer timeframe (Taking it that OP is UK user)

• On 25/04/2023, Purism support contacts me saying "I've registered your refund request and our finance department will contact you as soon as they're ready to process your refund"

Given no refund would be a breech of contract.
So Op should get the whole amount back. 

S75 is out when funding via a third party BNPL provider:

08orem said:
As I understand, the fact that I used a BNPL provider, Splitit, means that I am not covered by Section 75

BNPL doesn't automatically mean S75 is out but the agreement has to be regulated by the CCA and many agreements are constructed such as they fall outside the scope of the CCA. Given the lender appears to be outside the UK then it certainly would be outside the CCA and so no S75. 

Alderbank

08orem said:

Where are you located?

I am based in the UK.

www.toomanyatoms[.]com/computer/librem_trainwreck.html

Thanks, this is a useful link, I will send them a demand letter, do the report fraud thing, and maybe contact the California Attorney General like the other guy did.

Wow! Go for it!

Anybody anywhere in the world can bring a civil claim in California. No need to be US citizen and hearings are by zoom.

Don't forget the 8 hr time difference, but courthouses in CA are experimenting with night-time sittings which might benefit you.
I think the small claims filing fee in San Francisco is $30 for claims up to $1,500.

However the statute of limitations in CA is only 4 years for contract claims, not 6 years as in E&W so you need to get a move on.

https://sf.courts.ca.gov/divisions/small-claims

Good luck and please tell us how you get on!