Section 75 query.

Blue_Fisherman · 6 January 2018 at 2:30AM

In November I bought a pair of shoes online for £121.00. They were to small so I used their free-post return service and obtained proof of postage. I have not been refunded for these yet as they say they haven’t received them. Once they receive them they’ll refund me.
I think that is too open ended and as I’d followed their returns procedure to the letter I’d expect them to refund. Does the forum think I might bring a breach of contract against the supplier and claim the £121.00 from the credit card company based on they have not fulfilled their contract in acknowledging my proof of postage for returns which is their recommended process?

Nebulous2 · 6 January 2018 at 8:40AM

Did you have a tracking number? Does the website say it has been delivered? This could become messy as the supplier could blame the mail system. There are often issues with internet orders where suppliers blame couriers.

I'd contact your credit card company and ask their views. They might do a chargeback for you, but that could again be problematic if the supplier challenges it.

Ultimately if you want to pursue it you might need to take both the supplier and the credit card company to the small claims court.

Blue_Fisherman · 6 January 2018 at 1:19PM

The company provided a ‘licensed’ free-post return label and a recommendation to obtain proof of posting. As this is their recommended method of return I felt it had an implied level of security. Had I felt otherwise, I’d have used a tracking service. Contact has been by email so far but I will speak to them on Monday in an attempt to resolve it. If this doesn’t work I’ll contact the CC company.

callum_a19 · 6 June 2019 at 5:31PM

So sorry to jump on this threat but we need some help on Section 75 too please

Hi all. We have had a new bathroom fitted and due to Section 75 protection we paid the company doing the work a £1000 deposit via our Credit Card.

Its fair to say that the company that fitted the bathroom should be on cowboy builders as they have done a terrible job. Tiling looks terrible, the pipes that were supposed to be replaced with new weren't and the sink waste was ran into the waste pipe of the bath with no drop in the pipes meaning the sink water was coming back up through the bath.. that is just the start of the nightmare but we are looking for some help dealing with a section 75 claim.

Since the work was so poor we have had to get another bathroom fitter to rip out the bathroom and start again. We have had to buy a whole new set of tiles and also a new vanity unit and bath. We have also had to move out of our house and into the in laws as we cant use the bathroom.

We have been out of our house for 91 days in total now and have had to travel an extra 26 miles a day to work and back for both myself and wife and also our daughter.

My question to you all is can we claim for all of this extra expense.. This is another 1690 miles at least that we have had to pay for. Also we've had to buy another bathroom suite as well as a new full set of tiles.

Has anyone been in this situation before and could you help please....??

Terry_Towelling · 22 June 2019 at 8:55PM

The thread you've jumped on is well over a year old. You should move your thread (or restart it) in the credit cards board. This is the stoozing board and so you will not get the volume of answers you are hoping for.

Anyway, I'll have a stab at your issue but it will only be my opinion and does not constitute legal advice in any way.

How come the new fitter has taken so long to rectify the faulty work? - (91 days!) Have you spoken to the original fitter and asked for your money back - that would be a start, even if they say no or just ignore you.

If you are able to prove/demonstrate that the original fitter is in breach of contract, you are within your rights to approach your credit card company and tell them you wish to claim from them in accordance with S75 of the CCA.

Your card company will almost certainly ask for an independent report (from a suitably qualified person) on the problems created by the original fitment and probably an estimate of the costs to put things right. I'm not sure how you will get such a report if the new fitter has ripped everything out and started again. They will likely also want evidence of everything that you spent on the bathroom up to the point it had to be retarted.

A S75 claim can include consequential losses that have resulted from the breach of contract - these might include extra travel costs but you will need to be able to qualify and support these.

Suffice to say, you can approach your card company with your claim and include everything that you believe you should get. They will assess your claim and let you know. If they refuse, you may have to take specialist advice on how best to proceed from there. Give your card company a call soonest.

Your first problem is going to be that independent report given that the bathroom is probably no longer in the state it was after the first lot of work.

Section 75 query.

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