Jump to content


Section 75 for partial non-delivery


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2572 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi everyone,

 

This is my first question here,

 

The background to my query:

 

On the 7th March I purchased several items related to vehicle servicing from an online store using my Mastercard.

 

The total amount of the order (including all items) was £118.

Part of the order was delivered within a week,

however the order sheet enclosed with the goods

showed two items marked with "to follow"

and those items were not included with the original delivery.

 

I emailed the shop on the 7th April to express my concern that the two items remained outstanding.

 

I requested that if the shop could not fulfil my order within the next week (now elapsed)

that I would appreciate a refund for the non-delivered items.

 

The response was that they were expecting delivery of the items themselves 'shortly'

- no mention of progressing any refund, although I do appreciate that I have not made a formal request for one.

 

Today is April 17th and still no missing parts, so that leads me to my question:

 

If I email the shop again and receive another less-than-helpful response, can I issue a section 75 claim for the cost of the non-delivered goods (£40).

 

My understanding at this stage is that I cannot because, although the total value of my purchase was over £100, the value of the items being claimed for is not. If that is the case, what are my options?

 

Very many thanks,

Fraser.

Link to post
Share on other sites

Hi the

 

Welcome to CAG.

 

Contact your Card provider, ask to do a Chargeback. Template in link. Send it Recorded Delivery.

You should send another email cancelling all undelivered items.

 

http://www.which.co.uk/consumer-rights/problem/how-do-i-use-chargeback

Link to post
Share on other sites
  • 1 month later...

Hi all,

 

I wanted to come back and update you on this issue as it appears to have become a lot more complex than I'd hoped.

 

My credit card issuer informs me that I cannot make a section 75 claim against the retailer in this case

because although the total value of my purchase was greater than £100, the lower limit for section 75 claims,

the single item that wasn't delivered and hence the one I'm claiming for, was less than this threshold value.

 

Section 75 apparently refers to the value of a 'single item' being equal to or over £100.

 

I then explored the possibility of doing a charge-back against the retailer,

however my willingness to believe the retailer's excuses regarding supplier issues has meant the 120 day cut-off period for making a charge-back

application has elapsed.

 

I have been in two-weekly communication with the retailer asking him what the status is of my delivery

and on several occasions I have asked him to provide me with a refund.

 

Yesterday I sent him another email asking him to consider it a final request for a refund with failure to process one resulting in further action.

 

He responded claiming the item was sent and is shown as 'delivered', although he cannot tell me who signed for and when.

 

As I understand things the only action now open to me is the small claims court.

The value I'm seeking to reclaim is £39.98, which I understand hardly makes the hassle worthwhile

but as I hope you can understand it's more the principle of the issue.

 

In light of all this I have a few questions I'd be very grateful if you could answer:

 

1.

I live in Scotland, the retailer is based in England. I am permitted to file my claim through the Scottish small claims system,

or must I do so via the defendant's local court?

 

2.

Assuming arbitration doesn't resolve the issue, would the defendant be required to travel to my local court for a hearing,

or could he see the whole thing through from the comfort of his own home?

 

3.

I understand that my next course of action, and before filling out any court papers, should be to send a LBA to the retailer,

summarising the issue, our correspondence and giving him a deadline by which to respond. Is that correct?

 

4.

The only address I have for the retailer, taken from his website, is a 'care of' address.

Is this sufficient to send a LBA to, or must I do more digging, perhaps via Companies House to establish a different address?

 

 

Very many thanks for your assistance.

Link to post
Share on other sites

Hi theberengersniper

 

You can still do a Chargeback, you purchased the products on 7th March 2014.

 

'Time limit There is a time limit on chargeback claims - typically 120 days - which starts from the day you become aware of a problem. There is also an overall cut off point of 540 days for Visa chargeback. Therefore, your deadline for requesting a chargeback is 120 days from discovering you have a problem, or 540 days from the transaction date, whichever comes first.'

 

'I then explored the possibility of doing a charge-back against the retailer, however my willingness to believe the retailer's excuses regarding supplier issues has meant the 120 day cut-off period for making a charge-back application has elapsed.'

Link to post
Share on other sites

if you issue a claim

 

it will be heard at THEIR local court

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...