Section 75 refunds

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digitl
Posts: 147
Joined: Fri Dec 16, 2011 5:46 pm

Section 75 refunds

Post by digitl » Thu Sep 06, 2012 8:26 pm

If you bought your 3view box using a credit card you may be able to obtain a refund under Section 75 of the Consumer Credit Act 1974.

There are two routes.

1
Claim from the retailer. Contact them, say the box is not fit for purpose or of merchantable quality and you want to make a claim under Section 75. You may need to explain how it's not fit for purpose or of merchantable quality but you should have no difficulty there.

2
Claim from your card issuer. Contact them and explain as above. They may say you have to go to the retailer. If the retailer no longer exists, tell them. If the retailer does still exist you can still insist on going through the card company though they may say otherwise. If they do, tell them they are wrong, the Financial Ombudsman Service has ruled that the consumer can choose who to make the claim against.

If your claim is successful, fine. If not, once you have the final decision from whoever you have claimed against, or 40 working days have passed, you can go to the FOS. If you do go to the FOS the retailer/card company will probably cave in as each claim against them costs them a fee of £500 levied by FOS.

Please note: I am not a lawyer or financial adviser.
Frank (aka Admin)

mb1
Posts: 81
Joined: Sun Dec 18, 2011 10:29 pm

Getting A Refund

Post by mb1 » Thu Sep 06, 2012 8:58 pm

I thought I'd start a new thread (at the request of Barry The Sprout) on how to get your money back. Given that the box is now in a very unstable state and 3view are definitely in administration, you should have a good chance.

First up, you need to read this excellent guide on Martin "Multi-Millionaire" Moneysaver's website:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

If you paid over £100 for your 3view box, then you are covered. I bought mine back in 2010, but it appears (from what I can tell) there's no limit on how far back you can go.

It just took a phone call to my credit card company and they sent me a letter asking me to provide them with evidence on where my purchase of 3view went wrong. This is, thankfully quite easy to compile. I'd imagine it's a similar process for most credit card companies. I provided them with:

    * A printout of my original order email
    * A printout of the email that said the unit has been shipped and a rough date on when it arrived at your house
    * A printout and URL from the Companies House website saying that '3view Limited' had been dissolved (several flavours of them have been set up and closed, but the key thing is that the company I believe I bought the box from is now bust: http://wck2.companieshouse.gov.uk/55b7cc3337e70ef89b5e9bc4cb1c714a/compdetails

3view have never - to my knowledge - publicly stated that they're in administration. But the fact you can't get hold of the support@3view.com email address or website are good indicators and I've used this also as proof.

Unfortunately, the doomsayers at Digital Spy saw this coming, but I found this thread very useful with regard to getting the Companies House data, from post 54 onwards: http://forums.digitalspy.co.uk/showthread.php?t=1600977&page=3

I'll let you know how I get on, but my chances are looking good and I would encourage other people that purchased the box for over £100 with their credit card to do the same.

ThunderChicken
Posts: 5
Joined: Tue Sep 04, 2012 9:19 am

Re: Section 75 refunds

Post by ThunderChicken » Thu Sep 06, 2012 10:07 pm

Is there any time limit on this? I got one of the early onesin September 2010.
Regards
TheChicken

digitl
Posts: 147
Joined: Fri Dec 16, 2011 5:46 pm

Re: Section 75 refunds

Post by digitl » Thu Sep 06, 2012 10:11 pm

I think you should be OK. Give it a try. It's only the price of a stamp, or a free phone call to the FOS if you want advice.
Frank (aka Admin)

Bob
Posts: 81
Joined: Sun Dec 18, 2011 7:59 pm

Re: Section 75 refunds

Post by Bob » Fri Sep 07, 2012 8:55 am

I've said elsewhere buyers may have a problem getting a refund if they've applied any updates alterations etc to the software,somewhere it will say upgrades are at owners risk,but good luck anyway,my box is in the shed now!

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Barry The Sprout
Site Admin
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Joined: Fri Dec 16, 2011 9:18 pm
Location: South Coast

Re: Section 75 refunds

Post by Barry The Sprout » Fri Sep 07, 2012 9:58 am

@Bob: Normal firmware upgrades are a standard procedure for most electronics. I know the first thing my new BluRay player did once it was connected to the network was to download and install an upgrade.

Even the firmware hacks that are being attempted can be reset with a format and reinstall from the recovery console. As it is all software changes, nothing is permanent.

It would also be a natural thing to try - format and reinstall - before giving up on a product.

So I can't see that causing any problems with the returns. Getting a screwdriver and soldering iron out would be a different matter
No one on this forum has ever worked for 3View CE Ltd, we've no association with that dead company. We just own boxes like you. We're a band of hackers trying to get the hardware we have paid for to work. We are doing this for free in our spare time

digitl
Posts: 147
Joined: Fri Dec 16, 2011 5:46 pm

Re: Section 75 refunds

Post by digitl » Fri Sep 07, 2012 10:11 am

Bob wrote:I've said elsewhere buyers may have a problem getting a refund if they've applied any updates alterations etc to the software,somewhere it will say upgrades are at owners risk,but good luck anyway,my box is in the shed now!

It won't be a problem in terms of a Section 75. The firmware upgrades were supplied and recommended by 3view and, in any case, the card issuer (the best bet for a refund) won't be aware. Plus, of course, there are 'features' that were never implemented and so it wasn't 'as described'.
Frank (aka Admin)

mb1
Posts: 81
Joined: Sun Dec 18, 2011 10:29 pm

Re: Section 75 refunds

Post by mb1 » Fri Sep 07, 2012 10:31 am

ThunderChicken wrote:Is there any time limit on this? I got one of the early onesin September 2010.
Regards
TheChicken


Not as far as I'm aware. My credit card company didn't say it was a problem and I can't see a date limit on the MSE website either.

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Barry The Sprout
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Location: South Coast

Re: Section 75 refunds

Post by Barry The Sprout » Fri Sep 07, 2012 10:49 am

ThunderChicken wrote:Is there any time limit on this? I got one of the early onesin September 2010.
Regards
TheChicken

They were sold with a two year warranty, but kit like this should last way beyond that and you would still be within rights to claim years later for fundamental faults like this.
No one on this forum has ever worked for 3View CE Ltd, we've no association with that dead company. We just own boxes like you. We're a band of hackers trying to get the hardware we have paid for to work. We are doing this for free in our spare time

JG3view
Posts: 18
Joined: Sun Aug 26, 2012 8:35 am

Re: Section 75 refunds

Post by JG3view » Fri Sep 07, 2012 3:31 pm

From moneysavingexpert site
"There have also been recent cases where people buying goods on Amazon through other suppliers, have been turned down for Section 75 claims by credit card companies. Much opinion is these SHOULD be covered by section 75, but it may be a fight to make it happen."
I am in this position anyone any experience of this?
1 * 3view PVR Codgeview Craigkelly Transmitter Fife Scotland

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