Sofa delivered - wrong colour and faulty

ajnicho

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

the_lunatic_is_in_my_head

Hello OP

If you are within 30 days of delivery you can reject for a refund, S75 just holds the credit provider jointly liable.

If you don't want a replacement don't be bullied in to accepting one.

Be sure to make a clear statement within 30 days of delivery that you are "exercising the short term right to reject as the goods do not conform to the contract". Make this in writing (letter, email, Messager, whatever, so there is a record) ideally to both credit provider and retailer. 

Send the credit provider a letter before action with a copy of proof of your issues with the goods, they might react a bit quicker than 6-8 weeks.

Jumblebumble

ajnicho said:

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

My uncharitable view is that  there  is no reason for anyone to agree to refund only if a section 75 claim is withdrawn first unless they have no intention of refunding.

born_again

ajnicho said:

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

Sounds like a chargeback has been raised. Which you can not stop. The retailer could reject. Given the reason that you have taken up their offer to a refund.

But that would be the end of the chargeback  process, as you only get one go.

ajnicho

born_again said:

ajnicho said:

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

Sounds like a chargeback has been raised. Which you can not stop. The retailer could reject. Given the reason that you have taken up their offer to a refund.

But that would be the end of the chargeback  process, as you only get one go.

I told them I was going to pursue the matter under Section 75 as they were refusing to issue a refund because the sofa was a) the wrong colour b) faulty.

It was after I initiated the Section 75 claim that they agreed to refund me.  But now they're saying they want to hold on to my money until the credit card company contact them - which is going to take about 6-8 weeks.  (The claim hasnt even been opened yet according to the credit card company - they have a backlog)

I'd rather just get the refund as they promised and withdraw the Section 75 claim but the Sofa company are being very combatant over it and saying I need to withdraw first.  Bit reluctant to do this as I wont be able to raise a new claim.

eskbanker

ajnicho said:

born_again said:

ajnicho said:

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

Sounds like a chargeback has been raised. Which you can not stop. The retailer could reject. Given the reason that you have taken up their offer to a refund.

But that would be the end of the chargeback  process, as you only get one go.

I told them I was going to pursue the matter under Section 75 as they were refusing to issue a refund because the sofa was a) the wrong colour b) faulty.

It was after I initiated the Section 75 claim that they agreed to refund me.  But now they're saying they want to hold on to my money until the credit card company contact them - which is going to take about 6-8 weeks.  (The claim hasnt even been opened yet according to the credit card company - they have a backlog)

I'd rather just get the refund as they promised and withdraw the Section 75 claim but the Sofa company are being very combatant over it and saying I need to withdraw first.  Bit reluctant to do this as I wont be able to raise a new claim.

But the important thing to understand is that section 75 and chargeback are two entirely different processes, and yours is being handled as the latter, not the former!

It's not unusual for a card company to decide unilaterally to handle a s75 claim via chargeback, which entails them liaising with the merchant and recovering the costs from them if applicable, whereas under s75 you're holding the card company directly liable and the merchant is essentially none the wiser, and no longer has any involvement in the process.

If the chargeback process doesn't achieve a satisfactory outcome, you would still have the option of raising an actual s75 claim with the card company.

ajnicho

eskbanker said:

ajnicho said:

born_again said:

ajnicho said:

Hello there

Wondering if someone could offer me some advice 

We purchased a sofa and 2 chairs in store on credit card about 8 weeks ago and it was delivered last Friday.  The sofa arrived and it was a completely different colour to the swatch we was given and the sofa and chairs had misalignment and inadequate filling.  They were abusive and insulting on the phone and dismissive of my complaints by email.

They refused to offer any remedy and so decided to pursue this under Section 75.

After a few exchange of emails they agreed that the suite wasn't what we ordered but only offered us an exchange. To do this they'd have to order new leather, we would have to travel an hour journey to the store to choose the leather and then we'd have to wait another 6-8 weeks for it to be replaced.

I have completely lost faith in their business as their after sales is awful so I asked for a refund and they agreed to this by email. They said they would only refund if I withdraw my Section 75 claim.

I advised that the claim hasn't even been submitted yet, I only initiated the claim to start the ball rolling and that it would take 6-8 weeks for them to raise the dispute with them.  

I don't want to completely withdraw the claim as the credit card company said it would be difficult to raise a new claim if I withdraw it.  I don't want to be stuck with no money and no sofa for 6-8 weeks before we can reorder.  My wife is going in for an operation soon and is currently sitting on garden furniture 

They're playing hard ball and it seems they want to hold on to my money as long as possible.

Sounds like a chargeback has been raised. Which you can not stop. The retailer could reject. Given the reason that you have taken up their offer to a refund.

But that would be the end of the chargeback  process, as you only get one go.

I told them I was going to pursue the matter under Section 75 as they were refusing to issue a refund because the sofa was a) the wrong colour b) faulty.

It was after I initiated the Section 75 claim that they agreed to refund me.  But now they're saying they want to hold on to my money until the credit card company contact them - which is going to take about 6-8 weeks.  (The claim hasnt even been opened yet according to the credit card company - they have a backlog)

I'd rather just get the refund as they promised and withdraw the Section 75 claim but the Sofa company are being very combatant over it and saying I need to withdraw first.  Bit reluctant to do this as I wont be able to raise a new claim.

But the important thing to understand is that section 75 and chargeback are two entirely different processes, and yours is being handled as the latter, not the former!

It's not unusual for a card company to decide unilaterally to handle a s75 claim via chargeback, which entails them liaising with the merchant and recovering the costs from them if applicable, whereas under s75 you're holding the card company directly liable and the merchant is essentially none the wiser, and no longer has any involvement in the process.

If the chargeback process doesn't achieve a satisfactory outcome, you would still have the option of raising an actual s75 claim with the card company.

I appreciate that, but that process is still going to take 6-8 weeks when the Sofa company have already agreed to give me a refund. I dont understand why they're being difficult - give me the refund and I'll withdraw any claim.

born_again

As I said you can not withdraw a chargeback claim.
But the retailer can reject it on the basis they have refunded you.
Seems they have no idea on the chargeback process.

Your CC chooses, which way to claim the money. Chargeback comes from retailer. S75 comes from CC. So CC are never going to refund you if there is a way to reclaim the money from the retailer.

ajnicho

born_again said:

As I said you can not withdraw a chargeback claim.
But the retailer can reject it on the basis they have refunded you.
Seems they have no idea on the chargeback process.

Your CC chooses, which way to claim the money. Chargeback comes from retailer. S75 comes from CC. So CC are never going to refund you if there is a way to reclaim the money from the retailer.

Barclaycard told me I can withdraw the claim it as it hasnt even been processed yet.  They havent even looked at it to determine how they are going to deal with it. 

The point I'm trying to make is the Sofa Company have said they will refund me, the credit card company have said I can withdraw the claim if it's being resolved mutually.  Why is the Sofa company refusing to issue the refund until the credit card company contact them.  It's like they're trying to hold on to my money as long as possible.

born_again

Tell retailer you will only act after the refund is in your account. 

It's odd that Barclaycard have not started the claim, yet retailer knows about it.
Something is not right there.

ajnicho

born_again said:

Tell retailer you will only act after the refund is in your account. 

It's odd that Barclaycard have not started the claim, yet retailer knows about it.
Something is not right there.

I told the retailer if they refused to issue me with a refund I was going to submit a Section 75 claim.  They initially refused to deal with my complaint but suddently changed their tune and agreed to refund me. But wont do so if there is a Section 75 claim outstanding.  They told me to withdraw it and refund, or wait until the CC contact them,