Unfit for purpose
Question
I ordered goods online from a UK website address but the goods were shipped from the USA and were not suitable for use in this country. The company has now stopped trading but my credit card company are refusing to reimburse me unless I can prove that the item was advertised as being fit for the UK. What can I do?
Answer
The relevant legislation that would allow you to make a claim against the credit card company is section 75 of the Consumer Credit Act 1974, which means that:
- If you pay by credit card you can claim your money back from the card company if the seller fails to honour the contract, or the item is faulty or if the seller wrongly describes it or if the supplier goes out of business;
- You do not have to attempt to claim your money back from the seller first - the credit card company is individually liable.
The key will probably be whether you can prove that the seller did actually "wrongly describe" the product (e.g. by saying that they were fit for use in the UK).
If do feel you can pursue the case with the credit card company, contact their customer complaints department or even write to one of the senior managers. You could also try to pursue a similar course of action with the UK company that hosts the website (unless they are just a portal).
Your local Trading Standards office should be able to provide further advice.
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