Section 75 yes or no?

[Guest]

Re: Section 75 yes or no?

Davyb the DSR grants the Seller 30 days from date of cancellation to issue a refund. So no a charge back can not be made under breach of DSR when such breach does not occured until after 30 days from cancellation date and no refund has been forthcoming. You then have the issue of whether the buyer has returned the goods or not and whether the seller, and quite rightly can, issued a legal claim for the goods or value of them after the refund was issued on day 30 and goods still not returned.

So no refund is not due on cancellation but within 30 days after the date of cancellation.

Teaboy. I thin k if your read my reply i said that the card company will want to be sure that all avenues for redress under the legislation have been pursued, something like that.

D

[teaboy2]

Re: Section 75 yes or no?

Yes i know you did Davyb, i was just giving some clarification as to when the card company could act if at all. And what the seller could do if they did so when no goods were returned to the seller whether within 21 days from date of cancellation as the buyer is obliged to do or after the 30 days period that the seller has to refund. Because once the 30 day period has passed and the buyer has not returned the goods, but got their refund whether from the seller or by charge back. The seller is legally entitled to pursue the buyer for the goods or the value of those goods.

Hence why a claim under breach of section 13 items not as discribed under the sales of goods act 1979 is the better avenue to go down when requesting a charge back with the card company. At least it is in this one particular case.

[Guest]

Re: Section 75 yes or no?

I am afraid I am with the OP on this one.

Dd

[teaboy2]

Re: Section 75 yes or no?

But the op will not get a charge back under DSR as the DSR grants the seller an satutory entitlement of up to 30 days from cancellation to issue a refund - so no charge back can be granted under DSR until those 30 days are up. DSR section 14 subsection (3) The supplier shall make the reimbursement referred to in paragraph (1) as soon as possible and in any case within a period not exceeding 30 days beginning with the day on which the notice of cancellation was given.

The reason they have 30 days is for operational reason as a lot of companies use automatic processes or are structure in a away where refunds are issued in bulk on last working day of the month. So if any charge back was actioned under DSR, within those 30 days then it will have breached the sellers statutory entitlement to up to 30 days to issue a refund. Hence why Card companies hardly ever grant Charge backs until 30 days from notice of cancellation and where such cancellation has not occured card companies reverse the charge backs unless such charge back was made under a breach of the sales of goods act 1979.

I've been through this on countless occasions with my own customers and their card companies where no cancellation notice was received or where a charge back was made within 30 days of the cancellation - I have always be correct in all cases.

Card companies and consumers must respect the statutory rights/entitlements of sellers as well.


Also bear in mind that section 75 can only be used when the seller has either breached the contract or misrepresented the product. A breach of contract under the DSR will not have occured until after 30 days from cancellation and no refund has been issued, not before.

Misrepresentation is - Product not received or received not as discribed.

(1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

At this moment in the time the seller who sold to the OP is not in breach of contract in regards to the OP's claims under the DSR as the seller still has up to 30 days from date of cancellation to issue a refund. Only after those 30 days and where no refund has been issued would the seller be in breach of contract under the DSR.

Therefore the seller is only in breach of contract under Section 13 of the sales of goods act 1979 for misrepresenting the discription of the product and refusing to rectify that breach by sending replacement goods or replacement parts that are missing.

[Redletter]

Re: Section 75 yes or no?

Can anyone clarify then-if I now return the goods as not described and claim Section 75, can't the supplier simply change his stance and return the goods to me with the hanging kit? This I do not want, hence my preference of using the DSR route as this supposedly allows me to request a refund without giving a reason?????

[Redletter]

Re: Section 75 yes or no?

Ok so what if I return the goods and wait for a refund but it is not forthcoming?
Then surely it is breach of DSR's. So in this case does breach of DSR's allow a chargeback?

[teaboy2]

Re: Section 75 yes or no?

Can anyone clarify then-if I now return the goods as not described and claim Section 75, can't the supplier simply change his stance and return the goods to me with the hanging kit? This I do not want, hence my preference of using the DSR route as this supposedly allows me to request a refund without giving a reason?????

No as the contract will have been cancelled/terminated and i doubt he would try it considering you will have got your money back already. So he won't send anything to you when he doesn't have your money for it. So make you claim under section 75 for goods not as described first then return the goods.

[teaboy2]

Re: Section 75 yes or no?

Ok so what if I return the goods and wait for a refund but it is not forthcoming?
Then surely it is breach of DSR's. So in this case does breach of DSR's allow a chargeback?

Yes, if no refund is received by the 30th day from date of cancellation, then he would be in breach of contract vie breach of his obligations under the DSR to issue a refund within 30 days of cancellation.

But you don't need to wait. You can as a result of the goods not being as described request a charge back under section 13 of the sales of goods act 1979 even before you send the goods back. Though you will have to send the goods back.

[Redletter]

Re: Section 75 yes or no?

Can you point me in the direction of a chargeback letter.
I read elsewhere that a Section 75 claim and a chargeback are not one in the same. Could they have been confused with the Visa Debit card chargeback scheme?

[Guest]

Re: Section 75 yes or no?

no they are a different animal

(Credit provider's name and address)
(Date)
Dear
Reference: Goods purchased using credit card no. (xxx)
On (date), I bought (item) from (retailer) using the above card.
When I accepted delivery of the (item), it proved to be faulty because (explain problem).
I have tried unsuccessfully to resolve this dispute with the retailer and am now looking to you to pay me damages to cover the cost of repair/provide a refund (if you are in time to reject the item).
I base my claim on section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.
I should be grateful if you would respond within 14 days.
Yours sincerely

[Redletter]

Re: Section 75 yes or no?

Will this do?

RedletterRedletter’s House29/09/12Cahoot,
Friars House,
Coventry,
CV1 2TE


Dear Sir or Madam,

Account number: ****************

Ref: Section 75 of the Consumer Credit Act 1974

I am writing to request that you reimburse me the value of £1674.99 as full payment for an aquarium light unit I paid for with my Cahoot credit card to ************* on 19/09/2012

My claim is made on the grounds that the item purchased was not as described and is materially different to the description as parts are missing.
The unit is described on the supplier’s website to be supplied with the ‘Single Row Hanging Kit’, which is a significant part of the unit and is required to enable installation of the unit. Please find enclosed copy of the supplier’s description from their website which clearly states that the hanging kit is included, and a copy of their response claiming that it isn’t.
I have been unable to resolve my complaint with the supplier and that you are jointly and severally liable for any misrepresentation or breach of contract with the above supplier under Section 75 of the Consumer Credit Act 1974.

I look forward to a full and prompt response to this letter within 14 days.

Yours faithfully,


Redletter.

[Redletter]

Re: Section 75 yes or no?

Ah thanks Davyb just seen your version

[wales01man]

Re: Section 75 yes or no?

Why no mention of the refund agreement between the parties im thinking the OP has no intention of returning goods expecting the seller to collect

[teaboy2]

Re: Section 75 yes or no?

Well under charge back, the buyer still has to return the goods otherwise the seller can issue a claim for the goods or value of the goods in court. Hence why i said you will still have to return the goods.

[alham]

Re: Section 75 yes or no?

sorry if this is late - Once you've returned the product back, and allowed reasonable amount of time, yes. To be on a safe side, I would call your credit card company and inform them of your intention to return the goods, etc... Maybe couch it in terms" I've bought this, it is not as described, I am afraid that once I return the item the seller will not make a refund". At least they will have a record of your intention.