Reply to: Think you have purchase protection with your credit card?

[centurian]

Seems like these batsrads will do anything to try and wriggle out of their responsibilities. I've mailed them again and told them I dont accept Visa \ NC have any input into this and confirm in writing the amount credited to my account and more importantly, the whole matter is finalised. Twats!

Yep. That sums them up. They're in the business of making money and they don't want to let a silly little thing like the law get in the way of that.

If push comes to shove, they will always pay up, but they clearly don't make it easy for you.

And if you decide to take your business elsewhere... well that's another debt off the balance sheet and another clued up customer that will go any cause a loss for one of their competitors.

Remember, in the credit card business, good customers are not smart, clued-up people that pay their bills on time..

[BolshieBastard]

Whooo-Hoo! Result (or so I thought!)

After a few letters to the supplier who promptly ignored them, I spoke with Trading Standards again. It came out during the discussion that I had a right to cancel and, because the supplier had not supplied these in writing (or other durable medium as required by the Distance Selling Regs), this right is extended to 3 months and 7 working days!

So I wrote to the supplier and told him I was exercising my RTC and refund me my money. Again PC Desktop Option ignored my letter so straight onto the RBS Chargeback & Disputes Section.

After more correspondence, they finally agreed to my claim under S75. I also asked for the interest put on my account for the amount of the pc I withheld from my usual payments, to be credited back to the account.

In a telephone call they confirmed all this would be done.

Great stuff so I binned the fecking useless pc. Now, RBS have written to me confirming they have agreed to my S75 claim but have referred it to Visa \ Mastercard International for them to 'assess my claim'! WTF! S75 makes RBS liable not Visa or Mastercard!

Seems like these batsrads will do anything to try and wriggle out of their responsibilities. I've mailed them again and told them I dont accept Visa \ NC have any input into this and confirm in writing the amount credited to my account and more importantly, the whole matter is finalised. Twats!

[TykeMerc]

Thanks for this info, I'll use it in my claim.

Its pretty clear to me now after searching the net and finding a few other forums that credit card companies are trying to duck their responsibilities under S75.

Im also in two minds whether to not pay the money on the card for the pc and inform them as such. I've actually cut up the card now and dont intend using the account ever again. So, if I do pay the amount for the pc and they eventually refund the card, is there any way to get the money back or transferred to another card? This wont be a balance transfer as such because it would be a credit not a debit which was being transferred.

Any ideas?

If you default on payment they will register that with the Credit Agencies, they do that even if you're late on the payment, it would be understandable since you're naturally annoyed as all hell, but very unwise to withold payment.

If you close the account in credit they will simply send you a cheque for the balance they owe.

[BolshieBastard]

That is complete bollox and they are trying to fob you off. The Sale of Goods Act makes it quite clear that the onus is on the seller to prove that the goods were not faulty...

"...for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault."

Thanks for this info, I'll use it in my claim.

Its pretty clear to me now after searching the net and finding a few other forums that credit card companies are trying to duck their responsibilities under S75.

Im also in two minds whether to not pay the money on the card for the pc and inform them as such. I've actually cut up the card now and dont intend using the account ever again. So, if I do pay the amount for the pc and they eventually refund the card, is there any way to get the money back or transferred to another card? This wont be a balance transfer as such because it would be a credit not a debit which was being transferred.

Any ideas?

[Spartacus]

I mentioned this to them about a charge back but they werent interested. 'Got to have an independent report that the goods are faulty.'

That is complete bollox and they are trying to fob you off. The Sale of Goods Act makes it quite clear that the onus is on the seller to prove that the goods were not faulty...

"...for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.

In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault."

[BolshieBastard]

http://www.financial-ombudsman.org.u...itcards-31.htm

Yep, thanks for this. Im going to complain to the ombudsman about RBS' shyte attitude.

I've also found acouple of templates for letters regarding claiming under Section 75 so will be completing one of these and sending off to RBS. I may also phone them and say I will be claiming ubder Section 75 to see what they have to say!

[tim123]

What does Section 75 say?

http://www.financial-ombudsman.org.u...itcards-31.htm

[Cyberman]

Just got off the phone with my locat Trading Standards.

They said to send recorded delivery letter to manufacturer sating under Sale of Goods Act, goods are not of merchantable quality, fit for purpose etc and that I have verbally accepted their offer of collection and full refund. Inform them they have 7 days to comply. If they dont do this after 7 days to contact TS again.

They said credit card co's are bing hit hard by all the failed companies but they are correct in that they can just take word for it, it needs to be in writing.



Yes, but try getting them to do it! They want everything in writing and if the trader goes into administration, you could be waiting years.

In my case, the manufacturer has verbally agreed to collect and a full refund. Try getting them to put that in writing when they wont come and collect. The card co says they wont get involved unless its in writing so basically, you're ****ed!

If the trader goes bust that is not your problem. The credit card company is liable under the Credit Card Act 1974.
I have had many cases where I have claimed directly from Visa.... Mastercard may not be so reliable but they are still liable.
I just phone them up, send evidence and I have had automatic refunds on many occasions.... never had a refusal to comply.

[BolshieBastard]

Believe it or not(!), I've been nothing but polite even though it was extremely frustrating talking to the card co. Seems to me you get nowhere unless you are abusive on the phone.

Also phoned the pc manufacturer as the card co said they had them on the other line while I was on to the card co. The pc manufacturer was 'ready to accept my call! Yeah right!

Phoned them and asked to speak to this muir guy. Strangely he wasnt available again but I was told he'd phone me back at 3pm. By 3.45, he hadnt phoned back. So I phoned again and got an answer machine

Oh, btw, the manufacturer is called PC Option. No ******* option if you ask me.

[Sysman]

I agree with above that unless you complain and threatening action you don't get anywhere. Actually remarkable (before current climate anyway) what some companies will give you you following a first polite complaint.

Before the credit crunch mind you, but a retired neighbour of mine used to delight in complaining about shoddy service and products, and he got tons of complimentary gifts. The tone of his letters was "polite, trying to help, but quite cutting too".

[xoggoth]

I agree with above that unless you complain and threatening action you don't get anywhere. Actually remarkable (before current climate anyway) what some companies will give you you following a first polite complaint.

[TheFaQQer]

If you get nowhere, it's worth writing to the press - seriously.

The Guardian does a good money section on a Saturday, which has a "problem page" as well.

They helped my sister get £4k+ from the people she bought her house through for their negligence (previous offer was £150), and also helped me get my £400 from BA when they cancelled my flight (I had to sue them for it, but it was on their advice, and I won, and they mentioned me in the article that weekend).

Heartily recommended, though I hope it doesn't come to that.

[BolshieBastard]

Oh btw, many thanks to all for the info re Section 75 and other courses of action.

[BolshieBastard]

I had a similar experience with a PC supplier about a year ago, again with an RBS credit card, but got a totally different level of support.
They sent me a letter to sign, performed a chargeback and sent me a letter confirming the chargeback, all quite painless.

I mentioned this to them about a charge back but they werent interested. 'Got to have an independent report that the goods are faulty.' That's not the problem, they're now incomplete.

You have to mention the magic words "section 75" otherwise they will continue to fob you off

tim

What does Section 75 say?

Would it help if you quote MasterCard Reason Code 53 at your bank? As a MasterCard Member, they should comply with this.

Its not my bank, its the credit card issuer who will wont do anything unless I have an independent report or the manufacturer sends me written confirmation he'll do a refund but then doesnt give a refund!

EDIT; I've found the relevant Section 75. Reading that, the ******* RBS are just trying to circumvent the consumer protection in law.

The bastards are making people caught up in the MFI collapse jump through hoops when you listen to the pre recorded message on their card enquiry line!

[TykeMerc]

I had a similar experience with a PC supplier about a year ago, again with an RBS credit card, but got a totally different level of support.
They sent me a letter to sign, performed a chargeback and sent me a letter confirming the chargeback, all quite painless.