Builder Depot refusing return under Consumer Contracts Regulations — advice needed

eskbanker

namsoni said:

The fridge freezer is unused, uninstalled, and in perfect working condition.

How do you know it's working perfectly?!

born_again

eskbanker said:

namsoni said:

I ordered a fridge freezer from their website on behalf of my elderly parents. 

[...]

I'm considering a Section 75 chargeback, a complaint via Citizens Advice/Trading Standards, and ultimately small claims court if needed.

These are actually two entirely separate processes, and it's not necessarily a given that either would apply here.

Section 75 is dependent on an unbroken debtor-creditor-supplier chain, which will generally prevent claims where the purchase is for someone other than the primary cardholder, although this will depend on exactly how the contract is structured, in terms of whose name is on the order, etc.

Unlike s75, chargeback isn't a statutory right and so doesn't apply to all breaches of contract, but only in specific cases defined by the card schemes, such as non-delivery or faulty goods - I don't know if there's a reason code that corresponds to this particular scenario of failing to accept a return though.

Given this sounds like a change of mind. Then there is no chargeback. 

As such if it was tried retailer could argue the point that item is not faulty or damaged.