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Does Section 75 cover me for a faulty phone over £100 brought from Amazon Marketplace

gbhxu
gbhxu Posts: 415 Forumite
Part of the Furniture 100 Posts Photogenic Name Dropper
Brought a phone for £170 in January 2023 from Amazon.
Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

Does section 75 of CCA protect me and I can therefore make a claim against my CC company?

Comments

  • Caz3121
    Caz3121 Posts: 15,764 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    what warranty was with the phone? Do you have an independent report to say that the fault is inherent?
  • born_again
    born_again Posts: 18,757 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    gbhxu said:
    Brought a phone for £170 in January 2023 from Amazon.
    Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
    The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

    Does section 75 of CCA protect me and I can therefore make a claim against my CC company?
    In a word. No..

    As you are paying Amazon, to pay retailer.
    No debtor creditor link.


    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 16,373 Forumite
    10,000 Posts Second Anniversary Name Dropper
    gbhxu said:
    Brought a phone for £170 in January 2023 from Amazon.
    Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
    The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

    Does section 75 of CCA protect me and I can therefore make a claim against my CC company?
    Unlikely because you didnt pay the seller directly but you paid Amazon to pass the money onto the seller which breaks the requirement of direct relationships between the debtor, creditor and supplier. 
  • gbhxu
    gbhxu Posts: 415 Forumite
    Part of the Furniture 100 Posts Photogenic Name Dropper
    gbhxu said:
    Brought a phone for £170 in January 2023 from Amazon.
    Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
    The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

    Does section 75 of CCA protect me and I can therefore make a claim against my CC company?
    Unlikely because you didnt pay the seller directly but you paid Amazon to pass the money onto the seller which breaks the requirement of direct relationships between the debtor, creditor and supplier. 
    Surely this is no different to making a S75 claim for a holiday.
    You don't directly pay the airline or the hotel 
























  • eskbanker
    eskbanker Posts: 35,800 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    gbhxu said:
    gbhxu said:
    Brought a phone for £170 in January 2023 from Amazon.
    Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
    The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

    Does section 75 of CCA protect me and I can therefore make a claim against my CC company?
    Unlikely because you didnt pay the seller directly but you paid Amazon to pass the money onto the seller which breaks the requirement of direct relationships between the debtor, creditor and supplier. 
    Surely this is no different to making a S75 claim for a holiday.
    You don't directly pay the airline or the hotel 
    The holiday scenario depends on how it's structured.

    If you book a package, then the package organiser has legal obligations to you, despite subcontracting service provision to other suppliers, and so a s75 claim should be valid.

    However, if you use an agent to book a flight, or a hotel, separately, then that does preclude s75 claims.
  • DullGreyGuy
    DullGreyGuy Posts: 16,373 Forumite
    10,000 Posts Second Anniversary Name Dropper
    gbhxu said:
    gbhxu said:
    Brought a phone for £170 in January 2023 from Amazon.
    Despite it actually being despatched by Amazon, I've only just found out that I brought from an Amazon Marketplace seller and Amazon held their stock.
    The phone is faulty. The seller has left Amazon Marketplace. The company is in the process of being struck off.

    Does section 75 of CCA protect me and I can therefore make a claim against my CC company?
    Unlikely because you didnt pay the seller directly but you paid Amazon to pass the money onto the seller which breaks the requirement of direct relationships between the debtor, creditor and supplier. 
    Surely this is no different to making a S75 claim for a holiday.
    You don't directly pay the airline or the hotel 
    Correct, if its not a package holiday then you have exactly the same problem using an agent
  • sausage_time
    sausage_time Posts: 1,251 Ambassador
    Ninth Anniversary 1,000 Posts Name Dropper Photogenic
    Won't Amazon help in this case?
    I’m a Forum Ambassador and I support the Forum Team on the Credit Cards and Budgeting & Bank Accounts boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.
    All views are my own and not the official line of MoneySavingExpert.
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