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

gbhxu

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?

Caz3121

what warranty was with the phone? Do you have an independent report to say that the fault is inherent?

born_again

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.

DullGreyGuy

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

DullGreyGuy 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 

eskbanker

gbhxu said:

DullGreyGuy 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

gbhxu said:

DullGreyGuy 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

Won't Amazon help in this case?