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Section 75 or Chargeback query

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sec79
sec79 Posts: 351 Forumite
Part of the Furniture 100 Posts Combo Breaker
Hi,
I purchased a watch in Lanzarote mid March on holiday. It was over £100 and payment made using a credit card When I got home I discovered the watch wasn't working. I contacted the manufacturer in the UK and they wouldn't accept it as a return as it wasn't purchased in the UK. The best they could offer was for me to send it to them and they could put a battery in and weren't able to guarantee if the battery fitting would be free. 

I have never worn the watch. The watch is also tarnished and scratched on the outside. A local jeweller advised they weren't able to polish it out as it was only gold plated. I do have a receipt but the guarantee card which came with the watch wasn't signed by the local dealer. The watch comes with a guarantee but as the card wasn't signed not sure if the guarantee is valid

Which is the best route for me to go down please - section 75 or chargeback? 120 days takes me to 16 July. If the latter I understand I have to write a letter to the shop I purchased it from and not sure how long I would have to give them to reply. It was an expensive watch and for the battery not to be working and the outside tarnished I would just like to get my money back. I regret buying it to be honest. Thanks in advance

Comments

  • 35har1old
    35har1old Posts: 1,893 Forumite
    1,000 Posts Second Anniversary Name Dropper
    sec79 said:
    Hi,
    I purchased a watch in Lanzarote mid March on holiday. It was over £100 and payment made using a credit card When I got home I discovered the watch wasn't working. I contacted the manufacturer in the UK and they wouldn't accept it as a return as it wasn't purchased in the UK. The best they could offer was for me to send it to them and they could put a battery in and weren't able to guarantee if the battery fitting would be free. 

    I have never worn the watch. The watch is also tarnished and scratched on the outside. A local jeweller advised they weren't able to polish it out as it was only gold plated. I do have a receipt but the guarantee card which came with the watch wasn't signed by the local dealer. The watch comes with a guarantee but as the card wasn't signed not sure if the guarantee is valid

    Which is the best route for me to go down please - section 75 or chargeback? 120 days takes me to 16 July. If the latter I understand I have to write a letter to the shop I purchased it from and not sure how long I would have to give them to reply. It was an expensive watch and for the battery not to be working and the outside tarnished I would just like to get my money back. I regret buying it to be honest. Thanks in advance
    Are you main card holder?



  • Ayr_Rage
    Ayr_Rage Posts: 2,670 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    If it hasn't been worn how is it tarnished and scratched?

    Was it working when purchased?

    Sounds very much like it is a dodgy copy.
  • born_again
    born_again Posts: 20,253 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    1st thing get it confirmed as a genuine, by a retailer selling the brand.

    Although TBH, leave it any longer & you will be too late for a chargeback. What attempts have you made with the seller & how are you going to return it to them?
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 18,392 Forumite
    10,000 Posts Second Anniversary Name Dropper
    sec79 said:
    Which is the best route for me to go down please - section 75 or chargeback? 120 days takes me to 16 July. If the latter I understand I have to write a letter to the shop I purchased it from and not sure how long I would have to give them to reply. It was an expensive watch and for the battery not to be working and the outside tarnished I would just like to get my money back. I regret buying it to be honest. Thanks in advance
    You normally dont get a choice, with most banks you will simply "raise a dispute" and they will decide how it should be handled with most cases the Chargeback being attempted first given the shorter time limits a S75 can be considered after if the chargeback fails whereas a S75 followed by Chargeback is rarely possible because of timescales. 

    Ordinarily with faulty goods you would have needed to return the goods to the merchant before a return a chargeback goods. 
  • Voyager2002
    Voyager2002 Posts: 16,211 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Can you contact the vendor online? Do make sure that you contact your card company and raise a dispute before the 120-day deadline.

    I would argue that the watch was mis-sold because you were led to believe that it was guaranteed, but since the merchant did not sign the guarantee card this was not the case. (Read the guarantee card: probably it explains how to get service in different countries, but since it was not completed by the merchant this is not going to help you.)

    It also sounds as if it is a fake, in which case again you have recourse to your card company.
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