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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If I buy a camera from a UK based online retailer and the serial

Resolved Question:

If I buy a camera from a UK based online retailer and the serial number is XXXXX found by the manufacturer to have one digit short and they describe it a "fraudulent", does the credit card company used to buy the camera (9 months earlier) have any responsibility to me to help get a refund?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Is the credit card UK-based too?

Customer:

Yes, Santander

Ben Jones :

What was the value of the item?

Customer:

£1300

Ben Jones :

ok let me get my response ready pelase

Ben Jones :

You will have certain protection under section 75 of the Consumer Credit Act, which makes your credit card company jointly liable for any purchases made through is cards, for example if there is a problem with the item, the seller has breached the sale contract, etc. No specific time limit is listed for claiming under s.75 so even if this purchase occurred 9 months ago you can still submit the claim with the credit card company and dispute this transaction. The only relevant time limit is that if you are unhappy with the way the claim was handled by them and wish to sue them as a result for their breach of these regulations, you have 6 years to do so. In order to start a claim you need to contact the company and tell them you wish to dispute this particular transaction and that you are using your rights under section 75 of the CCA to do so - they should give you further details on what to do.

Customer:

OK, so there is no dilution of their responsibility over time. What about their view there was no "fraudulent activity on the account"? OK, so no one cloned my card, but the camera I bought was not as described and turned out to be a fake (I assume, if it has a false serial number, it is a "fake"?). Does this keep the card company on the hook?

Ben Jones :

this is not about fraudulent activity on the card, the protection applies if the goods you purchased are not as described, faulty, etc

Ben Jones :

i.e. if you did not receive what you paid for

Customer:

So why did the card company respond as they have, if it is quite so clear cut?

Ben Jones :

They may have thought you were making a claim for fraud, this is separate, you need to contact them and make it clear that this is a claim under s.75 CCA for items not as described

Customer:

OK, thank you.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46809
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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