Bathroom Cabinet - faulty / missold goods. Section 75 help!

frugalbean

Back in 2022, I bought a bathroom cabinet online and the retailer sent me a cabinet that was faulty (the electrical lights didn't work) and the cabinet itself didn't match the description on the website.

I emailed them at the time and they apologised and said they would sent a new one, but they had to order it, so would take 8-12 weeks. I've been chasing them every few weeks and they've been fobbing me off ("delays","it will be with you soon"). Now they've just stopped replying. 

I bought it on my American Express card - and called them to see if there is anything that I can do. They said that I have a "charge" card, not a credit card so I'm not covered by Section 75. And that because I've left it so long, I can't dispute the charge.

Have I got any rights in this situation? I'm not sure what to do?!

eskbanker

Amex are correct that you don't have any s75 or chargeback options with them, for the reasons stated, so that just leaves your rights against the retailer - if you're prepared to go through with small claims court action to obtain a refund then you could send them a letter before action?

frugalbean

@eskbanker - thanks for your help. I need to think about whether the hassle of small claims court is worth it...just kicking myself now and wish I'd raised it with AMEX earlier!

Okell

frugalbean said:

@eskbanker - thanks for your help. I need to think about whether the hassle of small claims court is worth it...just kicking myself now and wish I'd raised it with AMEX earlier!

Who is the online retailer?  Don't worry about identifying them on here.***

Before going through the hassle of small claims just go back to them again and tell them that if they haven't either (a) supplied a suitable replacement cabinet, or (b) refunded you within 21 days, that you will enforce through the courts your consumer rights under the Consumer Rights Act 2015 (legislation.gov.uk).

See if that provokes a response from them.  If it doesn't you can then send them a formal Letter Before Claim basically giving them the same ultimatum.  If they still don't cough up you'll have to decide whether or not to follow up the ultimatum.  You might decide it's not worth it.  Or you might decide it is.

(If they do refund you or provide a replacement you'll have to return the original to them, but as the cabinet was faulty and/or not as described, they have to pay for the return)


*** They are a UK company are they?  What do their T&Cs say about governing law and returns?

macman

They are correct. Amex is not a credit card, but a charge card, so S75 would never apply
You could have done a chargeback, but now way out of time (120 days).
Whether SCC process is worthwhile will depend on the value of your claim, which you haven't stated.
But, by delaying for 15 months or more, you have greatly weakened any case you might have had.

eskbanker

macman said:

Amex is not a credit card, but a charge card, so S75 would never apply

It's not as simple as that - Amex offer plenty of credit cards as well as charge cards, the former having s75 rights:

https://www.americanexpress.com/en-gb/credit-cards/all-cards/

km1500

Indeed - I have an Amex cashback credit card

DullGreyGuy

macman said:

They are correct. Amex is not a credit card, but a charge card, so S75 would never apply

These days AmEx only issue a single chargecard to personal customers (The "Basic Card") having converted all the other products to credit cards. Only long standing AmEx members have legacy chargecard products. 

Chargecards have to be paid off in full each month and as such are outside the scope of the Consumer Credit Act and hence no S75 protection. AmEx are not the only ones to issue chargecards either, Handlesbanken issue chargecards using the Mastercard network for example.