Successful S75 claim - what happens to goods?

beefturnmail

In dispute with a over faulty furniture - have made a successful S75 claim through my credit card company and been sent an agreement to sign. 

My question is, what happens to the furniture (the agreement is silent on this point)?  I've already told the shop that they can collect it over a month ago and no attempt has been made to do so.  Is it now the credit company's 'right' to collect as they've accepted the claim or still the shop?  How long am I obliged to store them in case of collection before disposing?

DE_612183

Just because you have been successful does not mean it's over.

The retailer can appeal and say the goods have been delivered and therefore they can ask for a reversal.

You need to get the furniture back to the company - speak to them direct about getting it picked up - get copies of emails and tracked letters informing them of this - I think there is something about they can recover the goods up to x amount of time afterwards - you can't just dispose of the furniture.

What's the value?

DullGreyGuy

First of all double check it's a S75 and not a chargeback, people here get very confused between the two and it influences the answer to this question. Given you've been sent something to sign it's likely a S75 but always worth double checking first. 

Assuming it is a S75 the sofa in principle would become the property of the bank, most banks however dont want warehouses full of faulty sofas and so instead waive their right to it and so its yours to do as you wish. Double check with the bank that they dont want it thought!

If it was a chargeback it means the funds have come from the merchant meaning you have their goods and their money. Some will just shrug it off, some will send a letter before action threatening you with a CCJ. You need to take more care and show attempts were made to have it returned. At the end of the day if they dont respond you should sell it for whatever you can get on eBay or such and make the funds available to the merchant if they at a later date ask for their property back. 

eskbanker

DE_612183 said:

Just because you have been successful does not mean it's over.

The retailer can appeal and say the goods have been delivered and therefore they can ask for a reversal.

Sounds like you're thinking of chargeback - a s75 claim is settled directly by the card company and the retailer has no say in it.

beefturnmail

Thanks.  It's definitely section 75.  Just wondering where I'd stand if the credit card company recover the claim from the retailer, could the retailer then ask me for the goods back to minimise their loss?  Or is my relationship with the retailer now ended?

born_again

Very rare that on S75 they will try that, as it costs more in possible legal fee's than they stand to gain.

Grumpy_chap

Has the OP asked the CC provider what they want to happen with the faulty furniture?

[Deleted User]

Strictly speaking ownership will pass to the card issuer but unless it has a decent re-sale /salvage value they are unlikely to be interested and will usually allow you to keep/dispose of it.

DullGreyGuy

beefturnmail said:

Thanks.  It's definitely section 75.  Just wondering where I'd stand if the credit card company recover the claim from the retailer, could the retailer then ask me for the goods back to minimise their loss?  Or is my relationship with the retailer now ended?

Banks dont, and even if they did the merchant would be telling the bank that the salvage value should be deducted from the claim against them.

As an insurer when we total loss your car and give you £1,000 we sell what's left of the car to a salvage merchant for £250 and then reclaim the £750 from the at fault insurers. In principle the bank should be doing similar. 

born_again

Would be nice if they did.
But the cost will far outweigh any gain.
Also vehicle ins has a defined process for write off values. There is nothing that covers other products.

DullGreyGuy

born_again said:

Would be nice if they did.
But the cost will far outweigh any gain.
Also vehicle ins has a defined process for write off values. There is nothing that covers other products.

And yet insurers do collect the salvage from other claims than motor... a former client's office is full of art it had to payout on, another used to auction items off via a third party, a third used to do staff auctions on salvage. 

It clearly depends what it is and how damaged it is... no one is going to collect a carpet after a large fire but if someone loses 1 of their 6ct diamond Cartier earrings we will take the "spare", last staff auction one I saw was for 10 Hermes scarves which were in perfect condition but their boxes had sustained water damage. We'd paid out almost £4,500 for them and got nearly £2,000 from selling them.