Tesco Bank - Chargeback vs. Section 75

hodorogandrei94 · 11 December 2019 at 9:03AM

Hello and thank you for reading my first post on this forum!

I have bought a mobility scooter on a Tesco Bank credit card (£2200).

After delivery, I noticed that the battery cannot be fit in properly (the lock latch does not go underneath the plastic handle, unless you apply a lot of force), a fact that renders the scooter unusable by my partner, who does not have the force to fit in the battery by foot (as instructed by the repairmen).

The retailer refused a return / replacement or refund, stating that it is a "design feature" for the battery to be fit with force, as it prevents it from going out when encountering bumps :rotfl:.

I phoned the manufacturer and they informed this, stating that the battery should fit in with ease.

I then called Tesco Bank to ask for a Section 75 claim. They refused it and suggested a chargeback. They asked me for tons of documents (the receipt, the VAT declaration for disabled people, a copy of the correspondence with the retailer). After I got fed up with it and 3 weeks passed, they said they cannot proceed with the chargeback as I "agreed with their cancellation conditions" when I signed the VAT declaration form. I insisted that it is unacceptable and they said they needed an independent report that the mobility scooter has a manufacturing defect from an independent scooter repair company.

I did this as well... and, after 2 days, they said they have everything they need for initiating the chargeback. However, they said that the merchant has 60 days to counter-claim it.

Another 2 days have passed and the chargeback has still not been processed... I will phone them again today.

I am starting to be fed up with this again. Any suggestions on how to proceed further?

Should I wait for the chargeback to be processed (and the other 60 days) and then initiate Section 75 or insist on doing Section 75 now?

Thank you very much for your reply! I really appreciate all your hard work on this website!

[Deleted User] · 11 December 2019 at 9:08AM

Just wait for the chargeback.

GingerRob · 11 December 2019 at 10:47AM

hodorogandrei94 wrote: »

Hello and thank you for reading my first post on this forum!

I have bought a mobility scooter on a Tesco Bank credit card (£2200).

After delivery, I noticed that the battery cannot be fit in properly (the lock latch does not go underneath the plastic handle, unless you apply a lot of force), a fact that renders the scooter unusable by my partner, who does not have the force to fit in the battery by foot (as instructed by the repairmen).

The retailer refused a return / replacement or refund, stating that it is a "design feature" for the battery to be fit with force, as it prevents it from going out when encountering bumps :rotfl:.

I phoned the manufacturer and they informed this, stating that the battery should fit in with ease.

I then called Tesco Bank to ask for a Section 75 claim. They refused it and suggested a chargeback. They asked me for tons of documents (the receipt, the VAT declaration for disabled people, a copy of the correspondence with the retailer). After I got fed up with it and 3 weeks passed, they said they cannot proceed with the chargeback as I "agreed with their cancellation conditions" when I signed the VAT declaration form. I insisted that it is unacceptable and they said they needed an independent report that the mobility scooter has a manufacturing defect from an independent scooter repair company.

I did this as well... and, after 2 days, they said they have everything they need for initiating the chargeback. However, they said that the merchant has 60 days to counter-claim it.

Another 2 days have passed and the chargeback has still not been processed... I will phone them again today.

I am starting to be fed up with this again. Any suggestions on how to proceed further?

Should I wait for the chargeback to be processed (and the other 60 days) and then initiate Section 75 or insist on doing Section 75 now?

Thank you very much for your reply! I really appreciate all your hard work on this website!

This thread may receive a better response if you ask the BG to move it to the consumer rights board.

The manufacturer has informed the retailer/you that there is no fault with the product; it is designed that way.

You have been informed that because of the evidence of the manufacturer, the retailer does not accept your claim and so has refused to refund, replace, etc.

The card company has also indicated it has refused your chargeback claim, and I suspect it will equally reject any claim under S75.

The credit card company does not cover buyer's remorse. The product should have been checked before purchase for suitability.

If you believe you have legal right on your side, then why not pursue the retailer direct? You can do this in the small claims court.

All you will need is an expert of your own to support your claim, and then go up against the maufacturer's expert who will no doubt be called by the retailer in their defence, and the matter will be decided by the court.

Alternatively, sell the product, and use the money towards a product from another manufacturer that better suits the needs.

eDicky · 11 December 2019 at 12:19PM

hodorogandrei94 wrote: »

The retailer refused a return / replacement or refund, stating that it is a "design feature" for the battery to be fit with force, as it prevents it from going out when encountering bumps :rotfl:.

I phoned the manufacturer and they informed this, stating that the battery should fit in with ease.

Can you clarify whether the manufacturer told you it should NOT need force, negating what the retailer is saying..?

meer53 · 11 December 2019 at 1:04PM

You need to allow time for the chargeback before doing anything else. If your report shows a fault then the chargeback should work, but if it doesn't and it's just that your partner can't fit the battery themselves then it will probably fail.

Terry_Towelling · 11 December 2019 at 4:16PM

On the S75 applicability, you may find resistance to your claim because you have bought the scooter for someone else - i.e. it is a gift and not something that you also benefit from. Many card issuers will view gifts as unqualifying purchases. Chargebacks are not subject to the same scrutiny and if you have purchased something that is defective, the Chargeback avenue should be available to you - but you will still have to provide proper evidence of your claim and return the scooter to the retailer.

As asked by @edicky, can you actually confirm what the manufacturer said about fitting the battery because it isn't 100% clear from the wording you have used.

On a practical level, are you able to fit the battery for your partner and just how often does it need to be taken out/refitted? Can it be charged whilst on the vehicle, or is the removal a security measure against theft?

hodorogandrei94 · 11 December 2019 at 6:48PM

Hello guys,

Thank you very much for all your kind responses! This is greatly appreciated! :money::T:T

What I meant in the original post was to say that the manufacturer did NOT confirm that it is a manufacturing defect. I initially wanted to write "infirmed" (as an antonym to "confirmed"), but later referred to the dictionary and found out this word has a different meaning :rotfl:

I live in a flat on the second floor, so the option to carry the scooter upstairs to charge the battery is out of the question.

I can force the battery in myself, but it takes me 5-10 minutes each time and my partner cannot do this herself.

I was not aware of the S75 limitation on gifts. Thank you for teaching me something new!

born_again · 11 December 2019 at 7:32PM

Even if they would look at a S75 claim they would be asking for exactly the same information.

Don't know how Tesco work their chargebacks in terms of refunds. But some will take a few days to refund, others will wait till they know that the chargeback will not be rejected. It is 45 days from the date it is actioned. But card providers do quote longer as they need time to check it has not been rejected & there is always the risk of a error.

Personally Mrs has a mobility scooter and the battery pack drops in fairly easily, but that is in part due to the weight of it.
It could be that it will get easier with use.
I would not want to be carrying a battery pack up to a 2nd floor.... Even ours which is designed to easily dismantle to fit in the boot of a car. Battery pack is the heaviest part.

Terry_Towelling · 11 December 2019 at 10:10PM

hodorogandrei94 wrote: »

I was not aware of the S75 limitation on gifts. Thank you for teaching me something new!

I'm not necessarily saying that gifts do not qualify for S75 coverage; merely that some card issuers are inclined take that view (rightly or wrongly). What seems to happen (from what I see) is that a gift can be covered if the cardholder who buys it is also a beneficiary of the purchase. So if you both used the scooter, that should be no problem. Similarly, if you never mentioned to your card issuer that the scooter wasn't for you, they'd be none the wiser.

Ben8282 · 11 December 2019 at 10:16PM

Considering the amount that you spent with this retailer, they are being extremely customer unfriendly in refusing an exchange of the scooter and I think you should name them so that others will not buy from them. If the scooter is undamaged I can see no reason for them to refuse to exchange it. Did you actually buy this scooter unseen? Most people would have a good look round at the different options for something this important and expensive.

The problem is that I can't see any valid grounds for a chargeback or s75 claim in that the goods are as described and do not appear to be faulty.

Tesco Bank - Chargeback vs. Section 75

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