Section 75 Help - Fraudulent item

HampshireH

I bought a Tag Heuer watch as a gift in 2023 it was still under the original warranty and was bought from an online watch shop. It came with all warranty documents, all the tags, stickers the works. The warranty also was registered with tag confirmed on their now defunct (because it was worthless) warranty checker. It was expensive.

The battery has just needed to be replaced. After paying £100 to change the battery at the jewellers they have advised the internal components are fake. We currently don't know if it will even be returned.

We are asking for a written statement from the jewellers.

Obviously it wasn't cheap and I paid via credit card as I do for all high value items.

I know I can claim via the credit card for items not as described for up to 6 years and as there was no way of knowing this until it needed to be opened up we couldn't have known sooner.

But what is the likelihood of a claim being successful or am I just going to be wasting my time?

Emmia

Where did you buy it from?

HampshireH

A now non existent online watch shop trading across eBay and a website. Reviews at the time were good across multiple platforms/review pages but it was clearly a scam

I can't go via eBay due to it being outside their timescales

Woodstok2000

It's definitely not a waste of time,but get the claim in ASAP and include as much detail and documentation as you can. You'll also need to show you tried to resolve the issue with the retailer (even if theyre no longer around).

eddddy

HampshireH said

I can't go via eBay due to it being outside their timescales

How exactly did you pay?

For example, if you used your credit card to pay using your paypal account, you probably don't have section 75 protection.

Using paypal breaks the "Debtor - Creditor - Supplier" link.

See https://www.moneysavingexpert.com/credit-cards/paypal-section75/

If you paid the seller directly with your credit card (but I'm not sure if you can do that with an ebay transaction), then section 75 would make your credit card provider jointly liable for breach of contract or misrepresentation for 6 years.

Based on what you say, it sounds like there was breach of contract / misrepresentation - so you would need to prove that to the credit card company to make a section 75 claim. (e.g. by providing the original listing, providing a report from an independent expert saying it's fake, etc).

But as I say, if you paid via paypal or some other indirect method, you probably don't have section 75 protection anyway.

grumpy_codger

https://forums.moneysavingexpert.com/discussion/comment/81922493#Comment_81922493

You'll also need to show you tried to resolve the issue with the retailer (even if theyre no longer around).

For chargeback - definitely. Not sure that this is really needed for s75 claim.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81922511#Comment_81922511

It may not be a strict legal requirement, but They'll almost always ask you to try and resolve it yourself first, as you need to give the retailer a chance to put things right. Since OP has already done that, they should include the evidence and It's going to save you time if the card company don't need to do that step themselves.

https://www.lloydsbank.com/credit-cards/help-and-guidance/section75.html

born_again

https://forums.moneysavingexpert.com/discussion/6659624/section-75-help-fraudulent-item

In reality getting it checked by manufacture (Tag heuer) would put you in a stronger position. If they say it is counterfeit.

Odds on card contacting retails, slim to non.

HampshireH

Thanks all. To get Tag to check it would put me several hundred out of pocket more.

I paid by credit card on eBay not PayPal.

Thankyou for the advice I will pursue it as soon as I have the jewellers statement.

I have done a data request with eBay just waiting for it as they have deleted the seller and I can't access the comms or description (although the purchase history is there)

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81922561#Comment_81922561

Section 75 entails holding the card company jointly and severally liable with the merchant for the contract breach or misrepresentation, so the former has no right to insist on the customer pursuing matters with the latter.

Obviously in many cases it'll be sensible to try to resolve the issue with the retailer (especially if trying to mitigate losses ahead of legal action) but it's not obligatory, and the key point is that it's entirely up to the customer to choose, regardless of what a card company might ask for…

noitsnotme

Will section 75 apply? The OP says…

I paid by credit card on eBay not PayPal.

That would be eBay managed payments so still not a direct payment to the seller.

The MSE guide says… “You're NOT COVERED by Section 75 if you... Bought something from a third party seller. This includes things like buying a ticket from a travel agent or something through Amazon Marketplace, as these are also treated as third party sellers. But you may be able to use chargeback”

Surely that includes eBay?

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#faq