hello ... iPhone sold as new .....not!!! help required

[wales01man]

Re: hello ... iPhone sold as new .....not!!! help required

have they gone out of Business? if so you cannot claim against them has the Card provider stated that they will not refund payment ,if so they must say why unlikely amazon will pay up difficult to see who will pay up

[mystery1]

Re: hello ... iPhone sold as new .....not!!! help required

well I hope you're right M, but MSE; thisismoney; and lots of others say sec75 doesn't apply to eg Paypal, amazon etc.
However I did find a reference to a court of appeal that went the other way I'm now trying to find that case

http://www.moneysavingexpert.com/sho...ses#exceptions

What's not covered by Section 75?


As always with these things, a few exceptions escape the safety net. First is anything to do with the purchase of land - this is controlled by regulation from the Financial Conduct Authority. But there's other purchases that escape the safety net too...


Items costing less than £100 or where you use a debit card or charge card
Goods/services paid for by a secondary cardholder
Goods/services bought through intermediaries - travel agent, group-buying sites, Paypal etc
You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.


If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.


The first main area is paying via an online processor such as PayPal, WorldPay or Google Wallet. Though these can have their own refund systems, they aren't as strong as the legal protection of Section 75.


Broken vase
There have also been recent cases where people buying goods on Amazon through 'Marketplace' suppliers have been turned down for Section 75 claims by credit card companies. Some opinion says these SHOULD be covered, but it may be a fight to make it happen.


You could be covered paying through PayPal - but only with some sellers


For this, you need to look whether the company you're buying from has a 'Commercial Entity Agreement' with PayPal. If they do, and you paid by credit card, then you may still be able to make a section 75 claim. It's worth checking it out, but PayPal's Buyer Protection is likely to be simpler and faster. Leave Section 75 as a last resort if you can't get any joy from either the seller or PayPal.



http://www.thisismoney.co.uk/money/c...ection-75.html

How your credit card can save you from faulty goods: What everyone should know about their rights to a Section 75 refund


Ever bought an item only to get home and found it doesn't work? Or booked a hotel room only for the owners to go bust?
If you've used a credit card to make these purchases, then you have rights to a refund even if you're turned down by the retailer or service provider, as UK law considers your credit card company equally liable if you suffer a breach of contract.
This protection is provided by the Consumer Credit Act 1974, and This is Money has put together this guide detailing what protection this offers, how it works and how you can make a claim.
Protection: Section 75 entitles you to refunds from your credit card provider when using making purchases that are faulty, or not as described.

Protection: Section 75 entitles you to refunds from your credit card provider when using making purchases that are faulty, or not as described.
What protection do I get?
Section 75 of the Consumer Credit Act 1974 gives credit card users protection in the event they suffer from a breach of contract or misrepresentation when buying goods.
It removes the risk that people could be put into debt for goods or services that weren't received at all, were faulty, or were otherwise not as described.
It also provides protection for purchases made from companies that then go bust before the service can be provided - such as a flight or concert.
In these circumstances, the law holds the credit card company jointly liable with the retailer, meaning you can claim a refund from your card provider if you're unable to get it from the retailer.


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How does it work and what are the limits?
Section 75 offers protection for items or services valued £100 up to £30,000, of which at least part of the purchase was made with a credit card. Purchases under and over these thresholds cannot be considered.
Frustration: Buying goods that don't work when you get them home entitles you to a refund.

Frustration: Buying goods that don't work when you get them home entitles you to a refund.
So, if you buy something for £500 but only pay £50 with a credit card, you would be protected for the full amount.
However these thresholds only apply to single transactions, so for example if you buy two concert tickets at £99 each at the same time, these would not be covered unless they were bundled by the promoter as a 'two-for-one' deal.
You would also not be covered even if admin fees and delivery charges took the total cost of a single item above £100.
There isn't a time limit for making a claim under Section 75, however the statute of limitations in the UK is six years (five in Scotland) so this is the deadline you have to work to if you were to pursue a Section 75 claim through the courts.
Does it cover debit cards and other forms of payments?
No, protection for items bought with a debit card have a different protection, known as chargeback.
This isn't enshrined in law, but forms a part of card provider rules and provides protection for purchases made under £100 as well. You can read more about chargeback here.
The law is relevant in instances where the credit has been provided under a 'pre-existing' arrangement between a retailer/supplier and a credit provider.
This arrangement will exist because the supplier accepts purchases made by consumers using cards belonging to credit networks like Visa and Mastercard.
As such, you don't get any protection for purchases made using cheques or credit card cheques - as they can be made payable to anyone - nor if the purchase was made indirectly by using a credit card to withdraw cash and then make the purchase.
Charge cards, most prepaid cards and gift cards are also not covered as they don't operate under a credit agreement.
Are there any other instances when I'm not covered?
If you are the main cardholder but have an additional credit card on your account for use by a partner, child, or friend and use it to make a purchase you then need to claim for, you need to show that you stood to benefit in some way from the purchase.
So if your wife uses her additional credit card to buy a gift for her husband that turns out to be faulty, then they would be protected as the husband, the main cardholder, stood to benefit from the purchase.
Gifts: Provided the main cardholder benefits from the purchase, goods bought using an additional credit card are protected under Section 75.

Gifts: Provided the main cardholder benefits from the purchase, goods bought using an additional credit card are protected under Section 75.
If however she used the card to buy a trip for herself and friends, then she wouldn't be covered as the husband wouldn't benefit (apart from having the house to himself).
You're also not generally covered when you make purchases through a third-party - ie. not the actual supplier of the goods or services - though this can be argued in court.
This covers purchases made through travel agents (although holidays have separate protection through ATOL) and transactions made online through services like Paypal.
Purchases made through websites like Amazon Marketplace are also unlikely to be covered under Section 75, likewise with group-buying websites such as Groupon.
Am I covered for purchases made abroad?
Yes, any purchases you make while overseas is protected, provided it's valued at between £100 and £30,000.
This extends to goods or services you buy from a company based abroad as well, whether made online, by phone or by mail order.
Covered: Credit card providers should provide refunds for flight tickets for airlines that then go bust.
Covered: Credit card providers should provide refunds for flight tickets for airlines that then go bust.
How do I go about claiming?
Using Section 75 shouldn't necessarily be the first thing you do when you've been let down by a retailer, initially you should contact the company you made the purchase from and try and get a refund that way.
Although the credit card company is jointly liable, you are more likely to sort out the issue quicker by going to the retailer first.
You are also far more likely to get all the help possible from your credit card company if you have been to the person who supplied the faulty goods or failed to deliver a service first.
In the event they refuse or if you don't get a reply, then you should write to your credit card provider, including the following information:
What you bought, where, when and how you bought it, and how much you paid. Include copies of receipts.
Details of how the goods and services you received constituted a breach of contract as they were either faulty, not as described, or were not received at all.
Details of attempts you've made to contact the company and the responses you've had.
An explanation of what you want from the credit card company - namely to refund the money you paid for the goods you've received.
If you are rejected for a Section 75 refund and are adamant you think this was an unfair decision by your credit provider, then you can make a complaint to the Financial Ombudsman Service.





Seems to me they are pretty coy on the matter and *think* you're not covered. I would say the card companies will not accept it but i'd think a well argued court case should go your way.

M1

[Kati]

Re: hello ... iPhone sold as new .....not!!! help required

amazon have stated the a-z guarantee time frame is 90 days in which to make such a claim and this has passed so need to deal directly with seller ...

not quite ...

When can a buyer submit an A-to-z Guarantee claim?

When buyers have a problem with a transaction, we ask them to first contact the seller to give them a chance to address the issue at hand. The buyer can file a guarantee claim if the seller does not respond or if the issue is not addressed to the buyer's satisfaction. The guarantee claim eligibility window for a non received item opens at 3 calendar days past the maximum estimated delivery date (EDD) for an order or 30 days from the order date, whichever is sooner. Other claims can be filed earlier. Usually, buyers may file a guarantee claim by 90 days after the order date at the latest. However, buyers may also submit claims after that time frame if we find that an investigation into the matter is warranted, including where the incorrect item has been sent