• Welcome to the LegalBeagles Consumer and Legal Forum. Please register to get the most out of the forum. Registration is free and only needs a username and email address.
  • Please note that LegalBeagles is a public forum and the main areas are accessible to all, and as such, please take care your username or posts do not identify you. There is no need to post claim numbers, names or precise amounts to get support with your case. When uploading documents please ensure that you have properly redacted your personal details. Thank you.

Section 75 claim for damaged goods

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Section 75 claim for damaged goods

    Can anyone advise on a Sec 75 claim against my HSBC M/C provider over a retail purchase that arrived damaged ( retailer wont refund, which is what I'm asking for ).

    Status

    Credit Card :
    The chargeback claim form has been completed and posted detailing the full story along with correspondence between the retailer and myself - awaiting reply

    Retailer :
    They've received my letter before action, and the Seven day period I gave them as expired. - The retailer never replys lol !


    I'm trying to avoid taking court action against the retailer while awaiting HSBC's reply in case it influences HSBC's decision. But at the same time I don't want to send the retailer a court summons 10 weeks after they received my LBA in case the Judge views it in a negative light.

    Any advice would be gratefully welcome
    Tags: None

  • #2
    Re: Section 75 claim for damaged goods

    Under s.75 you are entitled to a remedy from either the retailer or the card issuer and that choice is yours to make.

    See this thread for more details. New Member Advice - Legal Beagles Consumer Forum

    Comment


    • #3
      Re: Section 75 claim for damaged goods

      Originally posted by Cetelco View Post
      Under s.75 you are entitled to a remedy from either the retailer or the card issuer and that choice is yours to make.

      See this thread for more details. New Member Advice - Legal Beagles Consumer Forum

      Many thanks. I will take a read through over the weekend and digest all the advice and apply it to my case.

      May I post back on this thread if I need to ask any specific questions and seek further advice ?

      Comment


      • #4
        Re: Section 75 claim for damaged goods

        Originally posted by Donkeyoaty View Post

        May I post back on this thread if I need to ask any specific questions and seek further advice ?

        Please do
        Is no longer here

        Comment


        • #5
          Re: Section 75 claim for damaged goods

          A brief background that may be of help to advise on the points underlined

          This case revolves around a sofa that was damaged upon delivery. The retailer tried to impose there own T&C's over my Statutory rights by claiming they have the right to attempt a resolution by repair first. I agreed to wait a few days for their appointed repairers to carry out a report . The report was carried out after approx 13 days detailing repairs to be carried out to approx 33% of the sofa. I officially rejected the sofa on day 15th by RD letter. Retailer wont budge still claiming they have the right to repair ( I've never had any letter from the supplier, they leave messages on my answer phone ). Retailer was sent an LBA and in the meantime I'm pursuing my CC provider under a Sec 75.

          I've followed all the prescribed advice. ie, The sofa is not being used and as been officially rejected.

          I'm looking for the path of less resistance ( i.e Sec 75 for CC provider or Small claims for retailer ). The retailer is well versed in being taken to court over similar issues, so will stall proceedings wherever possible. So a Sec 75 claim may be easier and less fraught except for one issue. What happens to the sofa ?. If a do win a Sec 75 who collects or even owns the sofa ?

          Comment


          • #6
            Re: Section 75 claim for damaged goods

            Posts #78 & 83 on the link I provided above deal with this issue. Essentially, s.75 creates a statutory cause of action in favour of the creditor against the supplier. Thus your card issuer may choose to pursue the retailer once your claim has been submitted to them. You have rejected the sofa, so who owns it is of no consequence to you. It is important to note however, that their liability to you does not turn on any payment they may receive from the original retailer. Since you have rejected the sofa, they need to pay at once. Do not let them string you along, as they will try.

            Finally, you should also read post #14, since this deals with rejection as you may find yourself having to argue over this too.

            Comment


            • #7
              Re: Section 75 claim for damaged goods

              My CC provider have another 10 days left to respond to my claim, so I can relax a little . If it's a negative response and something not covered in the forum posts, I shall report back for directions


              Then, into battle I commence :beagle:

              Comment


              • #8
                Re: Section 75 claim for damaged goods

                A very brief question.

                How long does HSBC have to reply to my Sec 75 claim. I was verbally told 21 days ( but it was not clear if that was working or total days ). Trying to Google the information hasn't resulting in anything concrete.

                Comment


                • #9
                  Re: Section 75 claim for damaged goods

                  They have as long as you gave them in your letter. Did you give them a timescale to work to?

                  You are in charge here, not them.

                  At any point, you may issue a court claim against them for recovery of the money, although if you choose to do this, you ought to warn them first, with a letter before action.

                  Comment


                  • #10
                    Re: Section 75 claim for damaged goods

                    Originally posted by Cetelco View Post
                    They have as long as you gave them in your letter. Did you give them a timescale to work to?

                    You are in charge here, not them.

                    At any point, you may issue a court claim against them for recovery of the money, although if you choose to do this, you ought to warn them first, with a letter before action.
                    Hmmm !

                    I sent HSBC a letter on the 22nd Feb requesting the full amount under Sec 75 and gave them 14 days to respond. On the 6th March they posted out a claim form that relates to a chargeback for faulty or non delivered goods ( Sec 75 in all but name I suppose ). I was asked to fill out the form and return within 14 days, upon which they would give me a decision within ( X ) days.


                    (X) = I believe is 21 days, that's what I'm trying to establish. They've had the completed form since 12th March. So I would have thought a DJ would be a bit miffed if I sent HSBC a LBA then a summons thereafter when they were still processing the claim ?

                    Dont get me wrong, if HSBC reply with a no, then a LBA is already to go and 7 days after that a claim will follow.

                    Comment


                    • #11
                      Re: Section 75 claim for damaged goods

                      You must not allow HSBC to confuse the issue.

                      They are doubtless attempting to recover money from a merchant using their chargeback mechanism and this is entirely separate from any statutory rights you are afforded under s.75 of the Sale of Goods Act 1979.

                      The problem with allowing them to continue, is that they will take their sweet time about it, all the time pretending to you that they need to recover your money from the merchant first. This is a lie, they owe you the money due to the connected lender liability clause contained within the Act. As far as the Act is concerned, they sold you the defective goods themselves, or at least, they might as well have done.

                      If you allow them to dictate the timetable, you will never get paid. There is nothing set in stone, or even in CPR regarding how long they have to reply. There is simply no magic number.

                      How long are you prepared to wait?

                      Comment


                      • #12
                        Re: Section 75 claim for damaged goods

                        Originally posted by Cetelco View Post
                        How long are you prepared to wait?
                        The LBA will be posted this Thursday if I dont hear anything back by then.

                        I've spoke to two other people who had successful Sec 75 claims with HSBC and they filled out the same forms and heard back between 14 and 20 days.

                        This Thursday they would have had the form nearly 14 days.


                        Would anyone like to pen me a nice LBA letter that relates to this
                        Last edited by Donkeyoaty; 22nd March 2011, 21:47:PM.

                        Comment


                        • #13
                          Re: Section 75 claim for damaged goods

                          Ok, whats all this about ?

                          "If your card provider still won't help then contact the Financial Ombudsman to make a complaint".

                          I've been told this by trading standards as well, when I asked them if 14 days was a reasonable timescale to issue a LBA while the bank is claiming to process the claim.


                          The FO said it would take 9 months , A normal person could get married and have kids in that time.

                          Comment


                          • #14
                            Re: Section 75 claim for damaged goods

                            Originally posted by Donkeyoaty View Post
                            Ok, whats all this about ?

                            "If your card provider still won't help then contact the Financial Ombudsman to make a complaint".

                            I've been told this by trading standards as well, when I asked them if 14 days was a reasonable timescale to issue a LBA while the bank is claiming to process the claim.


                            The FO said it would take 9 months , A normal person could get married and have kids in that time.
                            It's irrelevant because you have said that tomorrow is your deadline. Stick to your guns and don't research the things that are confusing the issue.
                            Follow Cetelco's advice and don't listen to Trading Standards. You are in charge not them.
                            "Family means that no one gets forgotten or left behind"
                            (quote from David Ogden Stiers)

                            Comment


                            • #15
                              Re: Section 75 claim for damaged goods

                              Originally posted by leclerc View Post
                              It's irrelevant because you have said that tomorrow is your deadline. Stick to your guns and don't research the things that are confusing the issue.
                              Follow Cetelco's advice and don't listen to Trading Standards. You are in charge not them.

                              LBA went in the post 5 minutes ago ( via RD )

                              I'm in your hands now


                              But just to bring you up to date. I contacted the bank who claimed there internal procedure is to apply a chargeback scenario first and then pass it to their sec 75 team ( where they claim this has now gone ). I replied that a LBA is in the post, so there Sec 75 team better step up a gear.

                              I feel empowered

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse
                              No announcement yet.
                              Loading...

                              upgrade to vip

                              Want exclusive access to forums, more privacy and a live chat box? Upgrade to become a bigger part of our community.

                              only £15/yr

                              Offers available. No subscription traps.

                              sign up now



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X