Chargeback or Section 75 claim

Idpullthecurtain

born_again said:

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.

I dont want to keep the goods and get a refund.
This might be harder than I thought

CliveOfIndia

Just a thought.  From what's been said so far, it appears that in order to successfully issue a chargeback, you need to return the goods.  Due to US laws, this will be at your expense (I'm not stating that as a fact, by the way, just paraphrasing what's been said so far).

Do the missing parts render the item unusable?  Or is it something that you could do without, or perhaps source some sort of alternative?

Where I'm going with this - if it's going to cost you, let's say £50 for the sake of argument, to return the goods, but you could find/make your own replacement part for £10 (or even make do without it), that may be an option to consider.  Sure, it's far from ideal, and it does seem somewhat unfair.  But I'm just wondering whether that could possibly be a lower-cost option for you?

Idpullthecurtain

CliveOfIndia said:

Just a thought.  From what's been said so far, it appears that in order to successfully issue a chargeback, you need to return the goods.  Due to US laws, this will be at your expense (I'm not stating that as a fact, by the way, just paraphrasing what's been said so far).

Do the missing parts render the item unusable?  Or is it something that you could do without, or perhaps source some sort of alternative?

Where I'm going with this - if it's going to cost you, let's say £50 for the sake of argument, to return the goods, but you could find/make your own replacement part for £10 (or even make do without it), that may be an option to consider.  Sure, it's far from ideal, and it does seem somewhat unfair.  But I'm just wondering whether that could possibly be a lower-cost option for you?

Agreed.  If I have to cover the cost to return it, then it wouldnt be worthwhile.  Its extremely heavy and large.  I would just keep it or sell it.  Its all a very frustrating and unsatisfactory episode....

Nasqueron

Are you able to try a partial chargeback?

Idpullthecurtain

Nasqueron said:

Are you able to try a partial chargeback?

apparently not.  They say it has to be for all or nothing.  That would be a good solution.

DullGreyGuy

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.

Yes but the rights it protects changes with the jurisdiction over the transaction. So for example IF the state in the US where you bought it from allowed them to only give a 50% refund on online returns then your credit card company would only be on the hook for the 50% refund you're entitled to under XX law if the merchant didnt refund you ar all

Idpullthecurtain

DullGreyGuy 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.

Yes but the rights it protects changes with the jurisdiction over the transaction. So for example IF the state in the US where you bought it from allowed them to only give a 50% refund on online returns then your credit card company would only be on the hook for the 50% refund you're entitled to under XX law if the merchant didnt refund you ar all

Thanks for this info.  Ill see how the retailer responds re this return.  They havent been cooperative about anything thus far, so Im not optimistic.

Nasqueron

Idpullthecurtain said:

Nasqueron said:

Are you able to try a partial chargeback?

apparently not.  They say it has to be for all or nothing.  That would be a good solution.

Seems odd, the only time I ever did a chargeback on Halifax, I simply entered the amount I wanted to charge back

Idpullthecurtain

Nasqueron said:

Idpullthecurtain said:

Nasqueron said:

Are you able to try a partial chargeback?

apparently not.  They say it has to be for all or nothing.  That would be a good solution.

Seems odd, the only time I ever did a chargeback on Halifax, I simply entered the amount I wanted to charge back

I had a lengthy conversation with someone at Halifax Mastercard and they said it could only be for the full amount.