Chargeback or Section 75 claim

Idpullthecurtain

DullGreyGuy said:

Idpullthecurtain said:

Looking for advice or thoughts?  Thanks

I bought an item, and its been received incomplete.

Does anyone have experience of Halifax Mastercard (or any credit cards) and trying to recover money?  

I have contacted retailer and asked them to collect the item.  But before I send it back to them,  Im worried they will dispute and argue that the item was complete.  It was for £810 and I cant afford to lose out on that money. TIA

With most banks you "raise a dispute" and they will choose if to initially process it as a chargeback or S75 claim with a strong favour towards the former unless you are beyond the timelimits for it. 

For a chargeback, assuming it's a single item and therefore the missing part cannot be priced separately, you will have needed to return the goods and allowed the merchant reasonable time to refund before a claim will possibly be successful. 

Thanks.  Ive informed the retailer that its available for return.  Ive asked multiple times to escalate and for Manager details.  They ignore that each time.

eskbanker

Idpullthecurtain said:

Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

Idpullthecurtain said:
Its a US retailer.

You need to ascertain what your rights are here, as the UK consumer rights legislation won't cover a purchase from elsewhere - the small print of the contract should clarify which jurisdiction applies....

Idpullthecurtain

eskbanker said:

Idpullthecurtain said:

Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

Idpullthecurtain said:
Its a US retailer.

You need to ascertain what your rights are here, as the UK consumer rights legislation won't cover a purchase from elsewhere - the small print of the contract should clarify which jurisdiction applies....

I believe that my UK credit card protection does cover purchases from elsewhere.

eskbanker

Idpullthecurtain said:

eskbanker said:

Idpullthecurtain said:

Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

Idpullthecurtain said:
Its a US retailer.

You need to ascertain what your rights are here, as the UK consumer rights legislation won't cover a purchase from elsewhere - the small print of the contract should clarify which jurisdiction applies....

I believe that my UK credit card protection does cover purchases from elsewhere.

Your card provider will allow s75 or chargeback claims, but the point is that these don't override your contractual situation as such - s75 just gives you the same rights against the card company as you have against the retailer (as defined by the contract terms and surrounding legislation), and AIUI chargeback will also require you to return the goods if that's what the contract/legislation requires, rather than simply making them available for collection as you'd able to do if UK CRA applied.

born_again

Idpullthecurtain said:

born_again said:

Idpullthecurtain said:

CliveOfIndia said:

In what way was it incomplete?  You need to get the supplier to confirm they're happy for you to return the item, and that they will issue a refund.

A chargeback or S75 can only be requested when the supplier has breached the terms of their contract with you - so you need to try and resolve the issue with the supplier in the first instance.

Generally a card issuer will prefer a chargeback, since a successful S75 claim means they'll be paying you out of their own pocket, rather than getting the supplier to refund you.

Large boxed item, upon opening some parts are missing.
Retailer is dismissive, just apologises, says parts are no longer available.  Issued me a tiny refund of 3% of total item.
Ive been messaging multiple times for over a month now.
Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

You will need to prove what was ordered & what arrived.
As incomplete, if is a possible partial chargeback for this, if each item ordered is priced separately.

Is this a UK retalier (website?) .co.uk does not mean they are UK retailer.

Its a US retailer.
Its 1 product, not multiple.

No problem proving whats ordered.  But thats my issue, proving whats arrived!

Normally a photo will be enough for a chargeback.
But you will have/need to return product. Unless retailer is refusing to supply details etc. Which given they are in US, will be at your expense.

Idpullthecurtain

eskbanker said:

Idpullthecurtain said:

eskbanker said:

Idpullthecurtain said:

Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

Idpullthecurtain said:
Its a US retailer.

You need to ascertain what your rights are here, as the UK consumer rights legislation won't cover a purchase from elsewhere - the small print of the contract should clarify which jurisdiction applies....

I believe that my UK credit card protection does cover purchases from elsewhere.

Your card provider will allow s75 or chargeback claims, but the point is that these don't override your contractual situation as such - s75 just gives you the same rights against the card company as you have against the retailer (as defined by the contract terms and surrounding legislation), and AIUI chargeback will also require you to return the goods if that's what the contract/legislation requires, rather than simply making them available for collection as you'd able to do if UK CRA applied.

Oh yes, I am totally happy to return the item.

Idpullthecurtain

born_again said:

Idpullthecurtain said:

born_again said:

Idpullthecurtain said:

CliveOfIndia said:

In what way was it incomplete?  You need to get the supplier to confirm they're happy for you to return the item, and that they will issue a refund.

A chargeback or S75 can only be requested when the supplier has breached the terms of their contract with you - so you need to try and resolve the issue with the supplier in the first instance.

Generally a card issuer will prefer a chargeback, since a successful S75 claim means they'll be paying you out of their own pocket, rather than getting the supplier to refund you.

Large boxed item, upon opening some parts are missing.
Retailer is dismissive, just apologises, says parts are no longer available.  Issued me a tiny refund of 3% of total item.
Ive been messaging multiple times for over a month now.
Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

You will need to prove what was ordered & what arrived.
As incomplete, if is a possible partial chargeback for this, if each item ordered is priced separately.

Is this a UK retalier (website?) .co.uk does not mean they are UK retailer.

Its a US retailer.
Its 1 product, not multiple.

No problem proving whats ordered.  But thats my issue, proving whats arrived!

Normally a photo will be enough for a chargeback.
But you will have/need to return product. Unless retailer is refusing to supply details etc. Which given they are in US, will be at your expense.

Are you sure?  Theres no way they would expect me to pay for the return?

km1500

if the retailer had been in the UK and since you bought online you would have had the right to return it for any reason whatsoever within 14 days missing parts or not 

however since the retailer is on the US you're bound by the US consumer laws which are much weaker than ours. they may for example require you to return the item at your expense. 

born_again

Idpullthecurtain said:

born_again said:

Idpullthecurtain said:

born_again said:

Idpullthecurtain said:

CliveOfIndia said:

In what way was it incomplete?  You need to get the supplier to confirm they're happy for you to return the item, and that they will issue a refund.

A chargeback or S75 can only be requested when the supplier has breached the terms of their contract with you - so you need to try and resolve the issue with the supplier in the first instance.

Generally a card issuer will prefer a chargeback, since a successful S75 claim means they'll be paying you out of their own pocket, rather than getting the supplier to refund you.

Large boxed item, upon opening some parts are missing.
Retailer is dismissive, just apologises, says parts are no longer available.  Issued me a tiny refund of 3% of total item.
Ive been messaging multiple times for over a month now.
Ive informed them its available for them to arrange collection, since item is not as described.  Wasnt aware retailer had to be happy about return.  I thought they have little choice.

You will need to prove what was ordered & what arrived.
As incomplete, if is a possible partial chargeback for this, if each item ordered is priced separately.

Is this a UK retalier (website?) .co.uk does not mean they are UK retailer.

Its a US retailer.
Its 1 product, not multiple.

No problem proving whats ordered.  But thats my issue, proving whats arrived!

Normally a photo will be enough for a chargeback.
But you will have/need to return product. Unless retailer is refusing to supply details etc. Which given they are in US, will be at your expense.

Are you sure?  Theres no way they would expect me to pay for the return?

Yes. As you can not keep the goods & have a refund.
part of the chargeback regulations goods have to be returned.

As this is a US retailer, UK consumer rights do not apply.

Idpullthecurtain

km1500 said:

if the retailer had been in the UK and since you bought online you would have had the right to return it for any reason whatsoever within 14 days missing parts or not 

however since the retailer is on the US you're bound by the US consumer laws which are much weaker than ours. they may for example require you to return the item at your expense. 

Oh no.  This sounds bad.