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CCA Section 75 - Goods not as described


MondeoST24
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Earlier this year my father visited Thailand on holiday, while he was there he purchased some furnature from a showroom on the main street. The rough conversion was £1,500 and he was told that was all in, including shipping and UK delivery to his door. He paid using a UK credit card.

 

Upon returning home he recieved a telephone call from a UK shipping company, they had his goods but would not release them unless he paid thier bill of £500. Reluctantly he agreed to this and the crates duly arrived.

 

When he opened them the furnature inside was not the same as he bought in the store, it looked 20 years old, and is best described as scrap.

 

He contacted the store who basically told him thats what he bought, tough. So he then approached the card issuer who initially said no problem and refunded the charges and issued a chargeback against the store.

 

The store then disputed the chargeback and the card company again debited my fathers account, they now say there is insufficient evidence to dispute the chargeback.

 

I have advised him to sue the card company under section 75 of the consumer credit act, as I understand it this clause makes the card company and the merchant jointly and severally liable for any problems. The claim would be under the sale of goods act in that goods didnt match the samples.

 

Has anyone any thoughts on this, is this the correct course of action. If anyone has done anything similar then sample POC would be useful.

 

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The problem you have is the sales of goods act is a UK act and will not cover purchases outside the UK. I haven't read the CCA but will have a look now.

 

Have you got any documents/receipts etc relating to the quality of goods you purchased? You would need to prove that the goods have been described incorrectly from those you purchased.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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