The Lemon Fool

The wife bought walking shoes in two sizes so she could get the best fit.

She has kept one and sent the other back on Saturday. Yesterday she got an email saying the company had gone insolvent.

Assuming she doesn't get refunded can she claim for this under Section 75?

GrandOiseau wrote:Assuming she doesn't get refunded can she claim for this under Section 75?

Under what grounds, isn't it only for faulty or non-delivered goods?

I'm not sure "bought the wrong size" comes under S75, unless you could prove a fault or error on the part of the supplier.

Paul

Was it paid with a credit card or debit card and what was the amount

GrandOiseau wrote:The wife bought walking shoes in two sizes so she could get the best fit.

She has kept one and sent the other back on Saturday. Yesterday she got an email saying the company had gone insolvent.

Assuming she doesn't get refunded can she claim for this under Section 75?

Yes, debit or credit card, see secton 3
https://www.which.co.uk/consumer-rights ... mCs2Z30SLb

Ok, there’s quite a lot of confusion here in both the question and the answers.

DrFfybes wrote:Under what grounds, isn't it [s75] only for faulty or non-delivered goods?

No. Section 75 is a statutory requirement which makes the CC company jointly liable with the retailer if the purchase is between £100 and £30k. It can affect ANY liability arising from the contract, not just faulty or non delivered. (And the OP has a legal right to return under Distance Selling Regs)

Chargeback isn’t part of s75. It is a voluntary, not statutory, claim. Used by both CC and debit, but usually where they can still claim the money off the retailer. If they can’t, then despite “which” saying they should pay, you’re likely to have a fight on your hands.

Now since the complaint here is about ONE pair of boots, for s75 to be relevant they must have cost >£100 AND be at least part paid by a CC. If the whole order was >£100 then I’m not sure, you might be better rejecting both pairs. If the cost was <£100, or paid by debit card, then you’re down to chargeback and fighting it out with your bank/card company, but there’s no statutory obligation and s75 doesn’t come into it.

Gryff

DrFfybes wrote:Under what grounds, isn't it only for faulty or non-delivered goods?

I'm not sure "bought the wrong size" comes under S75, unless you could prove a fault or error on the part of the supplier.

The s75 claim (assuming paid by credit card and over £100 and less than £30k) would be

1. A failure to honour any ‘no questions’ refunds most online retailers offer where they will refund the goods and return postage, and which formed part of the contract; or

2 . A failure to honour the Distance Selling Rules if they didn’t.

The credit card company is jointly and severally liable with the retailer on any failure to honour the contract or any other legal rights, so there is a s75 claim if the retailer is no longer in existence to deal with it.