Hi

my friend bought a sofa for his daughter from an online retailer.

It arrived defective and after much back and forth the result is that they won’t resolve the issue.

He went to his bank and tried to claim as he paid with his credit card.

They say he’s not covered because the sofa he bought was delivered to his daughter.

Their terms make no mention of this from what we could see and it seems irrelevant as he still paid for it on his credit card in good faith and the item as defective and not as described.

Are they saying the issue is the daughter signed for the goods being in good condition? (How people are supposed to know this when the delivery team thrust paperwork under their noses and say “we just need a signature here” I don’t know!)

Otherwise, I think a s.75 claim should succeed.

S’75 relies on making the cc company equally liable as the retailer (subject to minimum and maximum values, and a few other restrictions).

Here the contract was between your friend and the retailer, and it doesn’t matter who / where the delivery was to.

You can bet that if the daughter approached the retailer and/or cc company they’d be saying “we owe you no responsibility, our contract wasn’t with you”

They can’t have it both ways!

He should write to the cc company, highlighting this, and if they still resist come back here for help composing a letter before claim to be sent to both the retailer and cc company.

Why have you not told us which sofa company this is?

I would not accept the section 75 refusal – I would put in a complaint immediately and tell them that you wanted to go to the ombudsman. Do this in writing. Do immediately. They have eight weeks to respond.

Meanwhile, tell us more about the sofa and the sofa company and we can advise you about taking an action directly against them. What were the defects? Have you itemised them in a letter? Have you taken photographs?

Also, tell us more about how the purchase was made. Was it made online? Or was it made after a visit to the shop?. How quickly did the defect materialise? How quickly did you bring the notice of the defect to the attention of the seller? What did you ask the seller to do? Did you ask them to refund? Replace?

You will need to engage with this thread if you want some help.

Company was called sofa club but seem to trade under a few different names. My friend is not the type to pursue matters like this so I checked online to see that he was covered by section 75 rang his bank explained the issue and passed the phone over to him. They said they would let him know their decision. He then got an email or letter saying it was denied due to it being delivered to his daughter. I could not see why his bank was being so difficult being that I could find no exclusions relating to the delivery address.

I believe there was a problem with the arm of the chair upon arrival and general quality was so poor that it started to fall apart almost immediately. After countless communications with the company they failed to repair or replace and seemed like they were just procrastinating the issue, they promised to come and look at it but then said the same thing again after, it had been ongoing for some months.

I will get more info when I next see him, but from what he’s said it’s a waste of time talking to the company hence going down the claims route with the bank.

Which credit card issuer please?