Section 75 is a washout. What on earth can I do now??

[Deleted User]

NB. It is extremely important to note that Desktop PCs have increased considerably in price since I purchased my PC 3 weeks and 5 days ago. Although my PC cost £1472.49, an equivalent one now costs something like £1700 to £1800 (due to shortage of memory that generative AI uses). This is important if I insist on a refund.

I ordered a new Chillblast Desktop PC, the "Sim Racing Pro Ryzen 5 RTX 5070 Pre-built PC" on Friday 29th November. It cost £1472.49.   11 days later on the 10th December it developed a fault to such an extent that this new PC became unusable.

On the 11th December, it was confirmed by a Mendit engineer (Mendit are the repair arm of Chillblast) that it was highly likely that my PC had developed a hardware fault, and that customer services would be in contact with me.

They never got in contact with me, but after a couple of chasing emails and contacting Chillblast on social media, they responded. They agreed that my PC would be replaced and they would collect it.

However, it was on the 11th December when it was confirmed my PC had a hardware fault, it is now the 24th December, 13 days later, and it still has not been picked up. In one visit the DPD said the box with my PC was too large to fit onto his van. Another time the DPD driver said he hadn’t got either a label or a receipt to give me, so obviously I couldn’t relinquish my PC. Chillblast/Mendit have now said they will use a private courier to pick up my PC. However, apparently, they will not be collecting my PC until sometime after Christmas.

Due to the outrageous delays, and since my PC had developed a fault within the first 30 days of purchase, I had informed Chillblast of my statutory right for a refund of the £1472.49 and that I should not be required to wait an inordinate amount of time for my PC to be picked up and inspected before I am refunded. However, they keep saying they cannot refund me at the present time until they have received and inspected my PC. They also keep quoting their terms and conditions. In term I keep quoting my statutory rights and their terms and conditions do not somehow negate my statutory rights. And the exchange of emails went on back and forth ad nauseum. In short, I was getting absolutely nowhere. Meanwhile, PCs are continually being relentlessly driven up in price, hence the longer they delay, the more and more I will need to pay to get an equivalent PC (which will be well above the original £1472.49).

So at that juncture, a couple of days ago, I decided to try and get the money refunded on my Capital One credit card using section 75. I went into great detail, attached numerous pictures of emails both from me and from Chillblast/Mendit. I specifically stressed that I am applying for a refund due to their ongoing delay in Chillblast/Mendit in collecting my PC. But when I got a response from Capital One, I just stared at the email in disbelief. The individual said:

"After reviewing the information you have provided to date, we need some further information to help us progress our investigation and establish whether we can help you with your claim.
As per visa terms and conditions goods should be return to the merchant. so please return the goods to the merchant". 

I find it difficult to believe that anyone has reviewed it who fails to grasp the central point that the very reason why I’m perusing a refund is precisely because my new PC has yet to be collected. If it had been collected it wouldn’t have been worthwhile pursuing the section 75 option in the first place! The email also included irrelevant stuff like was it a complaint I’m raising. I have no idea. Is pursuing section 75 a complaint?  Regardless, why the heck does it matter? I just need to be refunded as soon as I possibly can given the current exponential ongoing increases in PC prices.

I essentially pointed all this out, but in a more polite and less frustrated manner, but I got almost a carbon copy of the first email. The again just this morning for a 3rd time—all from the same witless individual.

So at this point I think I can conclude that the section 75 route has been a complete washout. A monumental waste of time and effort. But what now are my options? I can contact citizens’ advice. Am I able and permitted to contact a financial ombudsman?

[Deleted User]

I did replay to that individual this morning saying:

"Let me repeat yet again. I cannot return my PC to Chillblast because it is not my responsibility (I would be liable for safe carriage if I did) and Chillblast/Mendit will not collect my PC, or more accurately are constantly delaying collecting my PC. Indeed, as I keep saying, the very reason why I am pursuing section 75 in the first place is because Chillblast are continually failing to collect my PC. So, if sending evidence of collection is a crucial criterion to proceed with a section 75 claim, then clearly I cannot fulfil it.  So if you want to reject my claim, then do so. But it is of no avail whatsoever in continually demanding the same evidence that I simply do not possess".

powerful_Rogue

[Deleted User] said:

NB. It is extremely important to note that Desktop PCs have increased considerably in price since I purchased my PC 3 weeks and 5 days ago. Although my PC cost £1472.49, an equivalent one now costs something like £1700 to £1800 (due to shortage of memory that generative AI uses). This is important if I insist on a refund.

I ordered a new Chillblast Desktop PC, the "Sim Racing Pro Ryzen 5 RTX 5070 Pre-built PC" on Friday 29th November. It cost £1472.49.   11 days later on the 10th December it developed a fault to such an extent that this new PC became unusable.

On the 11th December, it was confirmed by a Mendit engineer (Mendit are the repair arm of Chillblast) that it was highly likely that my PC had developed a hardware fault, and that customer services would be in contact with me.

They never got in contact with me, but after a couple of chasing emails and contacting Chillblast on social media, they responded. They agreed that my PC would be replaced and they would collect it.

However, it was on the 11th December when it was confirmed my PC had a hardware fault, it is now the 24th December, 13 days later, and it still has not been picked up. In one visit the DPD said the box with my PC was too large to fit onto his van. Another time the DPD driver said he hadn’t got either a label or a receipt to give me, so obviously I couldn’t relinquish my PC. Chillblast/Mendit have now said they will use a private courier to pick up my PC. However, apparently, they will not be collecting my PC until sometime after Christmas.

Due to the outrageous delays, and since my PC had developed a fault within the first 30 days of purchase, I had informed Chillblast of my statutory right for a refund of the £1472.49 and that I should not be required to wait an inordinate amount of time for my PC to be picked up and inspected before I am refunded. However, they keep saying they cannot refund me at the present time until they have received and inspected my PC. They also keep quoting their terms and conditions. In term I keep quoting my statutory rights and their terms and conditions do not somehow negate my statutory rights. And the exchange of emails went on back and forth ad nauseum. In short, I was getting absolutely nowhere. Meanwhile, PCs are continually being relentlessly driven up in price, hence the longer they delay, the more and more I will need to pay to get an equivalent PC (which will be well above the original £1472.49).

So at that juncture, a couple of days ago, I decided to try and get the money refunded on my Capital One credit card using section 75. I went into great detail, attached numerous pictures of emails both from me and from Chillblast/Mendit. I specifically stressed that I am applying for a refund due to their ongoing delay in Chillblast/Mendit in collecting my PC. But when I got a response from Capital One, I just stared at the email in disbelief. The individual said:

"After reviewing the information you have provided to date, we need some further information to help us progress our investigation and establish whether we can help you with your claim.
As per visa terms and conditions goods should be return to the merchant. so please return the goods to the merchant". 

I find it difficult to believe that anyone has reviewed it who fails to grasp the central point that the very reason why I’m perusing a refund is precisely because my new PC has yet to be collected. If it had been collected it wouldn’t have been worthwhile pursuing the section 75 option in the first place! The email also included irrelevant stuff like was it a complaint I’m raising. I have no idea. Is pursuing section 75 a complaint?  Regardless, why the heck does it matter? I just need to be refunded as soon as I possibly can given the current exponential ongoing increases in PC prices.

I essentially pointed all this out, but in a more polite and less frustrated manner, but I got almost a carbon copy of the first email. The again just this morning for a 3rd time—all from the same witless individual.

So at this point I think I can conclude that the section 75 route has been a complete washout. A monumental waste of time and effort. But what now are my options? I can contact citizens’ advice. Am I able and permitted to contact a financial ombudsman?

I think you're being rather impatient. It's only been 14 days since you raised the issue. Yes, the DPD issues aren't great, however considering they are now arranging a private courier to collect the PC seems reasonable. The fact it will be after Christmas also seems reasonable at this time of year.

Only fair they receieve the PC back and check for the fault - All allowed under the short term right to reject so they are not impeding on any rights.

eskbanker

[Deleted User] said:

But when I got a response from Capital One, I just stared at the email in disbelief. The individual said:

"After reviewing the information you have provided to date, we need some further information to help us progress our investigation and establish whether we can help you with your claim.
As per visa terms and conditions goods should be return to the merchant. so please return the goods to the merchant". 

That response indicates that they're treating it as a chargeback claim rather than a s75 one, which is common practice among card providers, as it's to their advantage to do so, even though the customer has the statutory right to claim under section 75.

I can understand why you're frustrated at what you consider to be "outrageous delays", but realistically escalation to card provider or FOS or CAB, or anybody else, is highly unlikely to expedite matters so concentrating on the retailer will be more productive IMHO - the Consumer Rights Act (20(15)) does require a retailer to refund within 14 days of agreeing that the consumer is entitled to one.

[Deleted User]

eskbanker said:

[Deleted User] said:

But when I got a response from Capital One, I just stared at the email in disbelief. The individual said:

"After reviewing the information you have provided to date, we need some further information to help us progress our investigation and establish whether we can help you with your claim.
As per visa terms and conditions goods should be return to the merchant. so please return the goods to the merchant". 

That response indicates that they're treating it as a chargeback claim rather than a s75 one, which is common practice among card providers, as it's to their advantage to do so, even though the customer has the statutory right to claim under section 75.

I can understand why you're frustrated at what you consider to be "outrageous delays", but realistically escalation to card provider or FOS or CAB, or anybody else, is highly unlikely to expedite matters so concentrating on the retailer will be more productive IMHO - the Consumer Rights Act (20(15)) does require a retailer to refund within 14 days of agreeing that the consumer is entitled to one.

Thanks eskbanker. I did go to the capital one page (delete link, won't allow me to post) and clicked "for all other claims" and I kept mentioning Section 75 in my communications, so it is very difficult to see how the individual concerned could have somehow missed this unless he either didn't read it at all, or was deliberately miscataloging my appeal.

Chillblast hasn't explicitly agreed to a refunding, they say they need to inspect my PC first, no matter how long they decide to collect it.  They have agreed to a replacement.

A replacement might be better since the PC I bought now costs £1,699.99 (delete link) and that with £200 off! It was only £1550 on the 29th November when I bought it, but I applied a coupert voucher for £77.50 getting it for £1472.50.

If Chillblast refund me they're not going to voluntarily refund me more than I paid for it I imagine? However, I should surely be entitled to purchase a PC with similar specifications? The problem with accepting a replacement from Chillblast is the fact that the PC effectively became dysfunctional after just 11 days suggests their quality control is not ideal. Also, perhaps it is the combination of hardware that precipitated the fault. However, I might find it difficult  appealing somewhere where I not only got the original cost refunded, but the extra to be able to buy a comparable PC? So accepting a replacement might be my only realistic option? 

BikingBud

Are the prices for replacement or is there an element of betterment?

 [Deleted User] said:

A replacement might be better since the PC I bought now costs £1,699.99 (delete link) and that with £200 off! It was only £1550 on the 29th November when I bought it, but I applied a coupert voucher for £77.50 getting it for £1472.50.

If Chillblast refund me they're not going to voluntarily refund me more than I paid for it I imagine? However, I should surely be entitled to purchase a PC with similar specifications? The problem with accepting a replacement from Chillblast is the fact that the PC effectively became dysfunctional after just 11 days suggests their quality control is not ideal. Also, perhaps it is the combination of hardware that precipitated the fault. However, I might find it difficult  appealing somewhere where I not only got the original cost refunded, but the extra to be able to buy a comparable PC? So accepting a replacement might be my only realistic option? 

Usually prices of older equipment drops until obsolete and newer equipment, better chipsets etc replaces the old  but with price creep a constant battle. 

If you cannot get a like for like replacement, a suitable alternative might be a reasonable offer but demanding the latest top spec, because that is what you bought, might not float.

Additionally, if you feel the build and reliability is poor then perhaps taking the money and sourcing elsewhere might be a better solution. You paid £1550, albeit with a voucher, so that should be your restored position. 

Whatever, likely with holiday break this will not be resolved soon. 

[Deleted User]

BikingBud said:

Are the prices for replacement or is there an element of betterment?

 [Deleted User] said:

A replacement might be better since the PC I bought now costs £1,699.99 (delete link) and that with £200 off! It was only £1550 on the 29th November when I bought it, but I applied a coupert voucher for £77.50 getting it for £1472.50.

If Chillblast refund me they're not going to voluntarily refund me more than I paid for it I imagine? However, I should surely be entitled to purchase a PC with similar specifications? The problem with accepting a replacement from Chillblast is the fact that the PC effectively became dysfunctional after just 11 days suggests their quality control is not ideal. Also, perhaps it is the combination of hardware that precipitated the fault. However, I might find it difficult  appealing somewhere where I not only got the original cost refunded, but the extra to be able to buy a comparable PC? So accepting a replacement might be my only realistic option? 

Usually prices of older equipment drops until obsolete and newer equipment, better chipsets etc replaces the old  but with price creep a constant battle. 

If you cannot get a like for like replacement, a suitable alternative might be a reasonable offer but demanding the latest top spec, because that is what you bought, might not float.

Additionally, if you feel the build and reliability is poor then perhaps taking the money and sourcing elsewhere might be a better solution. You paid £1550, albeit with a voucher, so that should be your restored position. 

Whatever, likely with holiday break this will not be resolved soon. 

You don't appear to be understanding the situation. In the less than 4 weeks since I purchased my PC there are unlikely to be better chipsets etc. So I certainly do not expect to get a better PC, least of all top spec. However, I do think it is reasonable to get a PC with similar specs to what I paid for, and without paying an extra ~£200-400 than I actually paid for. 

When ordering my PC it took just 24 hours to arrive.  I've already waited 2 weeks since that same PC became dysfunctional So clearly they are able to send off a replacement PC quickly but choose not to do so. 

Ayr_Rage

You cannot expect betterment.

The best you can expect is a like for like replacement or refund of what you paid.

You cannot keep the goods and proceed with a claim with the card provider.

powerful_Rogue

[Deleted User] said:

BikingBud said:

Are the prices for replacement or is there an element of betterment?

 [Deleted User] said:

A replacement might be better since the PC I bought now costs £1,699.99 (delete link) and that with £200 off! It was only £1550 on the 29th November when I bought it, but I applied a coupert voucher for £77.50 getting it for £1472.50.

If Chillblast refund me they're not going to voluntarily refund me more than I paid for it I imagine? However, I should surely be entitled to purchase a PC with similar specifications? The problem with accepting a replacement from Chillblast is the fact that the PC effectively became dysfunctional after just 11 days suggests their quality control is not ideal. Also, perhaps it is the combination of hardware that precipitated the fault. However, I might find it difficult  appealing somewhere where I not only got the original cost refunded, but the extra to be able to buy a comparable PC? So accepting a replacement might be my only realistic option? 

Usually prices of older equipment drops until obsolete and newer equipment, better chipsets etc replaces the old  but with price creep a constant battle. 

If you cannot get a like for like replacement, a suitable alternative might be a reasonable offer but demanding the latest top spec, because that is what you bought, might not float.

Additionally, if you feel the build and reliability is poor then perhaps taking the money and sourcing elsewhere might be a better solution. You paid £1550, albeit with a voucher, so that should be your restored position. 

Whatever, likely with holiday break this will not be resolved soon. 

You don't appear to be understanding the situation. In the less than 4 weeks since I purchased my PC there are unlikely to be better chipsets etc. So I certainly do not expect to get a better PC, least of all top spec. However, I do think it is reasonable to get a PC with similar specs to what I paid for, and without paying an extra ~£200-400 than I actually paid for. 

When ordering my PC it took just 24 hours to arrive.  I've already waited 2 weeks since that same PC became dysfunctional So clearly they are able to send off a replacement PC quickly but choose not to do so. 

As pointed out, under the short term right to reject, they can inspect the item to ensure it is faulty first.

99% of companies expect goods back before sending out replacements.

[Deleted User]

Ayr_Rage said:

You cannot expect betterment.

The best you can expect is a like for like replacement or refund of what you paid.

You cannot keep the goods and proceed with a claim with the card provider.

I do not expect a higher specification PC (if this is what is meant by "betterment"). I have no idea why some of you guys are thinking otherwise.

And, of course, it would be preposterous for Chillblast to be legally allowed to endlessly delay the collection of my PC and for me to be able to legally not do anything about it.

Ergates

[Deleted User] said:

eskbanker said:

[Deleted User] said:

But when I got a response from Capital One, I just stared at the email in disbelief. The individual said:

"After reviewing the information you have provided to date, we need some further information to help us progress our investigation and establish whether we can help you with your claim.
As per visa terms and conditions goods should be return to the merchant. so please return the goods to the merchant". 

That response indicates that they're treating it as a chargeback claim rather than a s75 one, which is common practice among card providers, as it's to their advantage to do so, even though the customer has the statutory right to claim under section 75.

I can understand why you're frustrated at what you consider to be "outrageous delays", but realistically escalation to card provider or FOS or CAB, or anybody else, is highly unlikely to expedite matters so concentrating on the retailer will be more productive IMHO - the Consumer Rights Act (20(15)) does require a retailer to refund within 14 days of agreeing that the consumer is entitled to one.

The problem with accepting a replacement from Chillblast is the fact that the PC effectively became dysfunctional after just 11 days suggests their quality control is not ideal. Also, perhaps it is the combination of hardware that precipitated the fault.

Not really, that would depend entirely on what the fault is.

If the problem is caused by a fault in the build, then yes.

If it is caused by a failing component, then no.  Chillblast don't make the components, and any part that worked for 11 days after purchase would have passed any testing performed on it.