Section 75 refunds - article discussion

Annon1986 · 11 August 2012 at 4:04AM

Hi,

Purchased a DVD boxset online for £60. Turned out to be fake DVDs. The merchant is slow at replying (2weeks on) they just say return goods. After investigating to find the return address is China, I don't feel prepared/want to pay the cost of returning it, also take the risk of returning it and it getting lost in transit to not get a refund.

Am I likely to claim it back on my credit card? I know it was under £100 (but there was some success stories in this forum)...just heard nothing about fake goods (I guess "not as advertised")

I'm with nationwide.

Any advice or ways to attempt to get a refund would be appreciated.

Many thanks

paulfoel · 15 August 2012 at 2:37PM

In dispute with motorhome hire company. Basically, after I paid the deposit they tried to hike the price up.

So, I got legal advice and was told they are in breach of contract, so I cancelled. Now they are refusing to refund the deposit.

So, I did a Section 75 claim at end of June. Santander have only TODAY got back to me on this and have said they need to start an investigation as to whether they can process the Section 75.

Surely they cant do this? What can I do?

Nick73_2 · 16 August 2012 at 12:25PM

We paid a 40% deposit by credit card to a company to supply and install a wood-burning stove. The payment was made about a year or so ago. We've recently been in contact again to arrange the installation of the stove but have constantly been given the run-around; they won't give us a date for installation. We're now considering cancelling the order completely. A few questions:

1 - Is there a time limit on which to use Section 75 (to re-claim the deposit paid)?
2 - If we end up having to spend more on the supply and installation of the same stove by another company, can we claim the difference under Section 75?
3 - Is there any other legal action we could take or threaten to take (not under Section 75) in order to persuade the stove supplier to install the stove?

Thanks in advance for your advice.

CCardiff · 16 August 2012 at 6:37PM

Hi,

I'm looking for some advice. I bought a treadmill two years ago for around £450/£500 and it broke yesterday. Having phoned the company I purchased it from (also the manufacture) they confirmed that it needed a new motor and controller board. These parts would set me back over £200. I argued that the treadmill should not have broken in such a short period of time and that I paid a lot of money in order to have a quality product that would last a decent amount of time. I was told that there was nothing that they could do as the 24 month warranty ended in June.

In these circumstances am I able to claim a refund/cost of parts via the credit card company (I paid for the treadmill on credit card) as the item is not fit for purpose?

Thanks for your help in advance

Optimist · 16 August 2012 at 7:18PM

Nick73 wrote: »

We paid a 40% deposit by credit card to a company to supply and install a wood-burning stove. The payment was made about a year or so ago. We've recently been in contact again to arrange the installation of the stove but have constantly been given the run-around; they won't give us a date for installation. We're now considering cancelling the order completely. A few questions:

1 - Is there a time limit on which to use Section 75 (to re-claim the deposit paid)?
2 - If we end up having to spend more on the supply and installation of the same stove by another company, can we claim the difference under Section 75?
3 - Is there any other legal action we could take or threaten to take (not under Section 75) in order to persuade the stove supplier to install the stove?

Thanks in advance for your advice.

Write to the company and tell them that in line with the Sale Of Goods Act you believe them to be in breach of contract as the the installation wasn't completed in reasonable time. Tell them that you are now making time of the essence and require contract completion within two weeks or you will consider the contract cancelled and you will require a full refund.

If the supplier fails in either action you can take it up with the card company.

The amount the card issuer has to indemnify is not expressly limited to the price of the goods therefore there is potential for consequential loss..

Optimist · 16 August 2012 at 7:20PM

CCardiff wrote: »

Hi,

I'm looking for some advice. I bought a treadmill two years ago for around £450/£500 and it broke yesterday. Having phoned the company I purchased it from (also the manufacture) they confirmed that it needed a new motor and controller board. These parts would set me back over £200. I argued that the treadmill should not have broken in such a short period of time and that I paid a lot of money in order to have a quality product that would last a decent amount of time. I was told that there was nothing that they could do as the 24 month warranty ended in June.

In these circumstances am I able to claim a refund/cost of parts via the credit card company (I paid for the treadmill on credit card) as the item is not fit for purpose?

Thanks for your help in advance

It is over 6 months old therefore the onus is on you to prove that the treadmill doesn't conform to contract

[Deleted User] · 16 August 2012 at 8:17PM

Annon1986 wrote: »

Hi,

Purchased a DVD boxset online for £60. Turned out to be fake DVDs. The merchant is slow at replying (2weeks on) they just say return goods. After investigating to find the return address is China, I don't feel prepared/want to pay the cost of returning it, also take the risk of returning it and it getting lost in transit to not get a refund.

Am I likely to claim it back on my credit card? I know it was under £100 (but there was some success stories in this forum)...just heard nothing about fake goods (I guess "not as advertised")

I'm with nationwide.

Any advice or ways to attempt to get a refund would be appreciated.

Many thanks

S75 won't apply here, but you can get a visa/mastercard chargeback.

See this link:

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Hope that helps.

lozza77 · 17 August 2012 at 8:13PM

Hi,
Have purchased an item of furniture in may. Supplier was slow to bring into stock for delivery and has now gone bust.
Paid with HSBC MasterCard for @£244.
Have filled in posted form from HSBC and sent all invoices and relevant emails but HSBC are saying that without a letter from the administrators stating certain things I won't get my money back.
The company is still listed as active on companies house, but their phone line is now not working, emails are unanswered and the website is now inactive.
HSBC have also informed me there is a time limit of 100 and something days between payment and the claim being completed which will be 6th of September. After this I cannot get a refund. Would appreciate any help/ guidance anyone can give to resolve this please. That is a lot of money to me

derrick · 18 August 2012 at 10:04AM

lozza77 wrote: »

Hi,
Have purchased an item of furniture in may. Supplier was slow to bring into stock for delivery and has now gone bust.
Paid with HSBC MasterCard for @£244.
Have filled in posted form from HSBC and sent all invoices and relevant emails but HSBC are saying that without a letter from the administrators stating certain things I won't get my money back.
The company is still listed as active on companies house, but their phone line is now not working, emails are unanswered and the website is now inactive.
HSBC have also informed me there is a time limit of 100 and something days between payment and the claim being completed which will be 6th of September. After this I cannot get a refund. Would appreciate any help/ guidance anyone can give to resolve this please. That is a lot of money to me

Sounds like you paid with a debit card as against a credit card, so you would be using charge back, if so the time limit is 120 days, "then you should contact the bank who has provided you with your Visa debit card within 120 days, requesting they initiate the chargeback process.", and as you have made the claim it will not "time out".

Seems reasonable that they need some proof of company going bust or in administration, name the company then someone may be able to help with details.

.

lozza77 · 18 August 2012 at 7:02PM

Thanks Derrick for your advice. It was a credit card I paid with. The company is Osborne and Brown, Dorset. Co reg is 07920764. Web searches don't reveal anything as far as I can see but really want to get this resolved ASAP!
Thanks again

Section 75 refunds - article discussion

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