Tweet
Hi everyone I am hoping to get some advice as I believe Nationwide are giving me the runaround.
I bought blinds back in April 2019 which came with a 3 year parts and fitting warranty. The only paperwork received was the final invoice which does state 3 year warranty. In March 2020 a fault developed with the cord of the blinds. We tried to make contact with the company but they never attended and subsequently are now in liquidation.
I paid most of the blinds on my Nationwide credit card and as a result formally asked them on telephone and through their online system to start a S.75 claim on 26th June. Towards the end of July we hadn't heard from them therefore I call them and they only raised the S75 when I questioned what was going on. They had been trying to attempt a chargeback despite it being more than 120 days since purchase.
They are now claiming its wear and tear on the blinds and the would need expert reports. I have spoken to local companies who do not do anything like this. I believe they are giving my the runaround as you can see from their correspondence below:
I am sorry to learn of your concerns with your Credit Card dispute and I would
like to thank you for taking the time to speak to me and exchange emails
recently.
Your concerns
As I understand it, you’re unhappy with the length of time taken to progress
your Section 75 (S75) claim, and you’re disappointed with the amount of
information we require and our approach in this matter.
Our findings
Firstly, I would like to apologise for failing to meet your expectations. We are
experiencing delays in processing VISA disputes because of Covid- 19 and we are
asking our members to be patient because we’re taking approximately six to
eight weeks to review cases. This information is provided when submitting
documentation online and we can only submit a claim once and so for the best
chance of success we do this when we have all the necessary information, which
in our experience is required to strengthen your claim.
I understand you wanted to raise a S75 claim because under the Consumer
Credit Act 1974, you feel Nationwide is jointly liable if something goes wrong
with a product or service, paid for by your Nationwide Credit Card.
You bought your blinds less than a year prior to the issue with the blind cord
arising, and the blinds came with a three-year warranty. It’s unfortunate that you
cannot get your blind replaced or repaired by the merchant, XXXXXXXXXXX, because they have gone into liquidation.
You feel the merchant has breached the terms of their warranty and that
Nationwide should deem this as a misrepresentation and therefore progress the
S75 claim on your behalf. As I have mentioned in our exchange of emails, it’s with regret that we’re unable to progress your S75 any further and I would like to explain why.
Your online dispute form was submitted on 26 June 2020, however, due to the number of claims we’re
receiving, it was logged with our Chargeback Team on 21 July 2020 and with our S75 Team on 28 July, after it
was identified this was your preference.
I understand your comments regarding the claim not being eligible for a chargeback, but until the
documentation has been reviewed by an agent, we wouldn’t know this, and although the purchase was made a
year ago, this doesn’t mean a chargeback attempt isn’t possible. By having the Chargeback Team and S75
Team both review the dispute, this enables us to provide you with two possible avenues to attempt to recover
the funds.
Whilst Nationwide are jointly liable with the merchant for a breach of contract and/or misrepresentation, this
needs to be evidenced. We’re not implying the fault is due to wear and tear, but we also can’t assume that it’s
a manufacturing defect.
The purchase is protected under the Consumer Credit Act 1974, but we must also apply the Consumer Rights
Act 2015 when deciding on a fair and appropriate outcome. As you have raised the claim under S75, we are
now, in effect, the merchant, and therefore the Consumer Rights Act applies.
When Angela contacted the liquidators, they did not confirm the terms of the warranty, only that they’ve been
told to advise ‘the warranties went with the company’; and whilst we’d be more than happy to attempt to get
this information again, the onus is on the consumer to evidence the claim.
S75 does apply in cases where you’ve been misled, and we’re not contesting the company cannot provide the
warranty, however, the fact still remains that in order for Nationwide to be liable for any
repairs/replacement/refund, as a result of the merchant no longer being in a position to provide the warranty,
the fault needs to be evidenced.
Please be assured we are not denying Nationwide’s liability, however once again without appropriate evidence,
at this point in the investigation, we’re unable to establish where Nationwide’s liabilities lie.
Our decision
Taking everything into consideration, whilst I am sorry the dispute is taking longer than we’d usually expect,
due to Coronavirus; regrettably, we cannot progress your S75, without evidence from a professional blind
specialist.
We therefore kindly ask that you contact a blinds company, who should be able to inspect the blind/s and give
a professional opinion to the probable cause of the fault, along with a quote to repair if applicable.
To manage your expectations, please note that unless we receive evidence showing the blind cannot be
repaired and that the fault is due to a manufacturing default, we will not consider a full refund. Furthermore,
we will only cover the cost of the report, if the S75 claim is successful.
Any help or advice on how to proceed with this?
I bought blinds back in April 2019 which came with a 3 year parts and fitting warranty. The only paperwork received was the final invoice which does state 3 year warranty. In March 2020 a fault developed with the cord of the blinds. We tried to make contact with the company but they never attended and subsequently are now in liquidation.
I paid most of the blinds on my Nationwide credit card and as a result formally asked them on telephone and through their online system to start a S.75 claim on 26th June. Towards the end of July we hadn't heard from them therefore I call them and they only raised the S75 when I questioned what was going on. They had been trying to attempt a chargeback despite it being more than 120 days since purchase.
They are now claiming its wear and tear on the blinds and the would need expert reports. I have spoken to local companies who do not do anything like this. I believe they are giving my the runaround as you can see from their correspondence below:
I am sorry to learn of your concerns with your Credit Card dispute and I would
like to thank you for taking the time to speak to me and exchange emails
recently.
Your concerns
As I understand it, you’re unhappy with the length of time taken to progress
your Section 75 (S75) claim, and you’re disappointed with the amount of
information we require and our approach in this matter.
Our findings
Firstly, I would like to apologise for failing to meet your expectations. We are
experiencing delays in processing VISA disputes because of Covid- 19 and we are
asking our members to be patient because we’re taking approximately six to
eight weeks to review cases. This information is provided when submitting
documentation online and we can only submit a claim once and so for the best
chance of success we do this when we have all the necessary information, which
in our experience is required to strengthen your claim.
I understand you wanted to raise a S75 claim because under the Consumer
Credit Act 1974, you feel Nationwide is jointly liable if something goes wrong
with a product or service, paid for by your Nationwide Credit Card.
You bought your blinds less than a year prior to the issue with the blind cord
arising, and the blinds came with a three-year warranty. It’s unfortunate that you
cannot get your blind replaced or repaired by the merchant, XXXXXXXXXXX, because they have gone into liquidation.
You feel the merchant has breached the terms of their warranty and that
Nationwide should deem this as a misrepresentation and therefore progress the
S75 claim on your behalf. As I have mentioned in our exchange of emails, it’s with regret that we’re unable to progress your S75 any further and I would like to explain why.
Your online dispute form was submitted on 26 June 2020, however, due to the number of claims we’re
receiving, it was logged with our Chargeback Team on 21 July 2020 and with our S75 Team on 28 July, after it
was identified this was your preference.
I understand your comments regarding the claim not being eligible for a chargeback, but until the
documentation has been reviewed by an agent, we wouldn’t know this, and although the purchase was made a
year ago, this doesn’t mean a chargeback attempt isn’t possible. By having the Chargeback Team and S75
Team both review the dispute, this enables us to provide you with two possible avenues to attempt to recover
the funds.
Whilst Nationwide are jointly liable with the merchant for a breach of contract and/or misrepresentation, this
needs to be evidenced. We’re not implying the fault is due to wear and tear, but we also can’t assume that it’s
a manufacturing defect.
The purchase is protected under the Consumer Credit Act 1974, but we must also apply the Consumer Rights
Act 2015 when deciding on a fair and appropriate outcome. As you have raised the claim under S75, we are
now, in effect, the merchant, and therefore the Consumer Rights Act applies.
When Angela contacted the liquidators, they did not confirm the terms of the warranty, only that they’ve been
told to advise ‘the warranties went with the company’; and whilst we’d be more than happy to attempt to get
this information again, the onus is on the consumer to evidence the claim.
S75 does apply in cases where you’ve been misled, and we’re not contesting the company cannot provide the
warranty, however, the fact still remains that in order for Nationwide to be liable for any
repairs/replacement/refund, as a result of the merchant no longer being in a position to provide the warranty,
the fault needs to be evidenced.
Please be assured we are not denying Nationwide’s liability, however once again without appropriate evidence,
at this point in the investigation, we’re unable to establish where Nationwide’s liabilities lie.
Our decision
Taking everything into consideration, whilst I am sorry the dispute is taking longer than we’d usually expect,
due to Coronavirus; regrettably, we cannot progress your S75, without evidence from a professional blind
specialist.
We therefore kindly ask that you contact a blinds company, who should be able to inspect the blind/s and give
a professional opinion to the probable cause of the fault, along with a quote to repair if applicable.
To manage your expectations, please note that unless we receive evidence showing the blind cannot be
repaired and that the fault is due to a manufacturing default, we will not consider a full refund. Furthermore,
we will only cover the cost of the report, if the S75 claim is successful.
Any help or advice on how to proceed with this?
