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Always pay with a credit card

£0.00 @ Always
I want to share a personal experience and encourage everyone to always pay with a credit card if the goods are over £100, no matter how big or small the retailer. I'm sure there are many people out th… Read More
Destard Avatar
1m, 3w agoPosted 1 month, 3 weeks ago
I want to share a personal experience and encourage everyone to always pay with a credit card if the goods are over £100, no matter how big or small the retailer.
I'm sure there are many people out there like myself who don't like spending what they don't have and would normally avoid a credit card. Perhaps for reasons involving morals, religion or lack of awareness even. This may convince you to think again.

I recently got a credit card for the very first time. Only for use overseas when on holiday as this particular one doesn't have any of the foreign exchange fees I would normally be hit with when using an ATM or buying in a store.

I purchased new bathroom furniture from a nationwide bathroom store (PM if you want their name). These people have more than a dozen 'superstore' sized branches, an amazon and an ebay outlet too and seem very reputable.
As luck would have it, my debit card was blocked for some reason so I had no choice but to use my credit card domestically for the first time ever.

The items arrived 2 weeks before my plumber.
When the plumber opened them, some of the units were smashed.
The retailer after looking at photos acknowledged the goods were damaged but advised their policy is you must report damaged goods or make claims within 7 days of receipt of the goods.
I advised them about the consumer rights act 2015, but they stated via email that their terms & conditions take precedence and they won't be assisting me further.

I went to my bank (PM me if you want to know which bank and which credit card) and they were amazing.
They were sympathetic, took details and made contact with the retailer.
As I understand it, the retailer cited their T&cs to the bank and refused to budge.
The bank today refunded me all of the money. This took under 3 weeks from contacting the bank to make the so called section 75 charge back claim.
The bank further advised that the money is coming from them and not the retailer.
The retailer is refusing to pay the bank or to cooperate.
The bank said they are unlikely to push the retailer as the sum (around £1200) is too low to be worth their time pursuing.

I will be out of pocket a bit as I will need to get the plumber back, but am overall happy with this speedy resolution, all because I was forced to use my credit card. I do not think I would have got anywhere if I'd been able to use my debit card.
Also, trading standards team seem to be not contactable in my town; in the town of the store nor in the town of the retailer's H.Q. - apparently have to go through Citizens Advice Bureau who weren't very helpful (kept telling me to keep writing to the retailer and citing consumer rights act 2015).

TL;DR version - always buy with a credit card, even if the retailer is large or looks reputable. You can always immediately transfer funds from your current account after you've made the credit card purchase if it's principal or something that's stopping you currently.

I hope this is of help to some of you. Hopefully posted in the correct place?
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1m, 3w agoPosted 1 month, 3 weeks ago
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suspended 1 Like #1
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
#3
Does it only apply to purchases over £100?
2 Likes #4
name and shame that will stop it happening again to someone else
#5
M1sterDeeds
Does it only apply to purchases over £100?
#6
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).
1 Like #7
Brilliant, I wasn't aware that Currys (who are way larger than the retailer in my story) were also trying to fool people.
#8
T&C's dont overide "consumer Rights act" but they will try and make you think it does so you go away. Have had that from Currys too in the past but as soon as you threaten them with going legal they provide a refund.

Sports direct flat out refused a refund on a faulty set of trainers saying they only provided an exchange or credit note. I had to get the manager over who repeated that until I told them about their legal requirement, They knew this was the case and provided a refund within 2 mins but I'm wondering how many others believed them and took the credit note as they seem so convincing.
suspended#9
Destard
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).

I feel for the retailer if they only have 7 days to dispute with the courier then.
This is not really the retailers fault.
#10
OP, the law is clear (from the above helpful posts), you are not liable to defective goods unless it is your fault, the issue is how to prove goods are damaged before transit, during transit or post-arrival on your premises.
Usually I would provide evidence using photos of internal and external packaging conditions at box opening times: before and after shots.
In effect spending on a credit card, the credit card companies would have included a notional "insurance" element in their charges to the suppliers. Effectively over a life time of using a credit card at a rate of, say, £10,000 for 30 years = £300,000, the collective all pay for these "insurance" claims. Note that credit card companies have algorithmns to identify who are the unsual and frequent claimants and do big data analysis of their customers' claims.
#11
Chiptivo
Destard
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).
I feel for the retailer if they only have 7 days to dispute with the courier then.
This is not really the retailers fault.
There are two faults.
1/ Contractual fault for all contractors used by the seller, solely the supplier's responsibility,
2/ The actual physical fault or a limitation of liability by a party in the supply chain (<=== you said).
To a consumer s/he only care about suppliuer's remedy from 1/
#12
Chiptivo
Destard
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).
I feel for the retailer if they only have 7 days to dispute with the courier then.
This is not really the retailers fault.
Understood.
However the delivery was done by their own branded lorry and their own employees.
#13
Destard
Chiptivo
Destard
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).
I feel for the retailer if they only have 7 days to dispute with the courier then.
This is not really the retailers fault.
Understood.
However the delivery was done by their own branded lorry and their own employees.
He has mis-directed you. The supplier has total responsibility for all contractors' faults and limitations.
If your contract of sale is with A, and A uses B, C. It is of no consequence too you when A blames B and B blames C for actua fault. So his statement, "This is not really the retailers fault." is meaningless to you contractually as the buyer as you want remedy from A under the law.

Edited By: splender on Jun 07, 2017 12:13
suspended#14
Destard
Chiptivo
Destard
Chiptivo
Good advice and good resolution. However this is key - "you must report damaged goods or make claims within 7 days of receipt of the goods."
It's 30 days as of the consumer rights act (2015).
I feel for the retailer if they only have 7 days to dispute with the courier then.
This is not really the retailers fault.
Understood.
However the delivery was done by their own branded lorry and their own employees.
Maybe a sub contractor but fair enough.
Glad it was all sorted for the op. :)

Would be nice if your naming to name the bank for sorting it from their own coffers so well.
#15
Last September we paid a deposit of £1250 to ice energy for a new airsource heat pump system, my wife unknown to me paid by debit card. Ice energy went under and we had not had the heat pump installed as the house is still being built.

Our money had gone so I applied for it back through visa debit , last week we got a full refund so OP, debit cards have some protection if it's a visa debit!!
#16
With Santander you get up to 3 percent cash back. I buy everything with my contactless Santander credit card , even something costing 50p. Each month I get about 10 quid cash back. A direct debit pays full amount of credit card each month so no fees
#17
you do have rights via a debit card as well. look on Martin Lewis website. It's brilliant for claims .
#18
It is great advice, everybody should use a credit card to purchase goods.

But only use a credit card if you can afford to pay it off without incuring charges.
#19
I still feel a bit aggrieved that the retailer will have nothing to lose from this.
I reckon they knew the bank wouldn't pursue them hence the lack of cooperation.
I wonder how many other people they've done this too.
They always have the last minute option to change their minds and pay the customer if the bank decides to pursue them for once. They would probably say something like this is a one off and were doing it as a good will gesture.
1 Like #20
I would seriously consider using one of their display toilets in store for a number 2.
1 Like #21
Get your story on their twitter and facebook page, shame them.. you arent putting anything slanderous as it actually happened and youre telling the truth.
1 Like #22
More details, though see key details section, over £100 probably best to use a credit card, under debit, also less time on debit cards in case of issues.

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

Should have added well done for getting the money back :)


Edited By: eslick on Jun 07, 2017 19:40
2 Likes #23
gadger100
you do have rights via a debit card as well. look on Martin Lewis website. It's brilliant for claims .

It's complex but you don't have any legal rights for protection with a debit card but you do have very strong legal rights for a credit card with purchases made over £100 which MSE explains here:

http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback

While it's certainly worth making a chargeback claim if the purchase is made with a debit card, when buying a product over £100 it's better to use a credit card for its stronger S75 protection. There's the further advantage that if there's any fraud committed with the credit card, you can simply get the transaction suspended while it's investigated but if there's a fraudulent transaction on a debit card, the money is already gone so you're then in a worse position of trying to get it back.

A while before I used credit cards (didn't see the need as I had the money), I bought a Dell PC and they made an error putting the order through multiple times and emptied my current account. I got onto the phone to them immediately but unsurprisingly they were a lot quicker to take the money than they were to return it, after that I sorted myself out with a credit card and use it for most of my purchases. I have it set to be paid automatically every month so I'm never charged interest, I get the better protection, it's separate to my accounts and I get a small amount of cashback as well.

Edit - beaten to it, will paste in the relevant bit as I feel it's important to understand how much more protection a credit card gives.

Chargeback has limits to its powers...

Chargeback is nowhere near as strong as Section 75 for credit card purchases:

The key difference is that when you complain under Section 75, the credit card company itself is legally – and jointly – liable with a retailer for purchases between £100 and £30,000, so by law you don't even have to try the retailer first.

Section 75 also pays out the full cost even if you'd just put a 1p deposit on your card, and paid the rest in cash. This isn't the case with chargeback where, if you did the same and had to make a claim, you'd only get back the amount you originally put on the card.

With chargeback it's just about the Visa/Mastercard/Amex process, and that's nowhere near as weighty – in effect, it's a customer service promise to get your money back if things go wrong.

Also, you're usually not covered for problems that emerge way after receipt of items. It's mainly for what you spot instantly. Say a TV goes kaput two years in, you won't usually be eligible for any help from chargeback.


Edited By: Johnmcl7 on Jun 07, 2017 21:47: .
1 Like #24
Someone may have said this already, but if your debit card was a visa debit card you would still have had some cover.

Anyhow, I'm sorry you've had problems but I'm pleased that you've had support from the credit card company.

Good luck with your new bathroom.
#25
Wickes?
1 Like #26
Because a few people have asked, I'll say the bank is Halifax and credit card is a Clarity card.
They have been so helpful. Really impressed with their customer service skills throughout and turnaround time.

I'm not going to reveal the retailer, but I found out their rivals do a similar thing with their claims handling so it may be an industry-wide thing.
If what Halifax told me today regarding the retailer not playing ball is anything to by, all of these types of retailers are likely deliberately misleading people and know that banks may not follow up hence they have nothing to lose by denying refunds or processing exchanges.

Not sure if that's illegal, or just being a major asshat.
Either way, always use a credit card people.



Edited By: Destard on Jun 07, 2017 22:42
#27
oxtailjuice
Wickes?

Wickes is 30 days and B&Q are 45 days so not those two :)

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