Credit Card Payment Protection

You pay for a new bed over the phone by credit card. Whilst in carriage the delivery van is blown over in a storm and the bed breaks to the point where it is irreparable.

Could you claim the money back from the credit card company, instead of the shop/delivery van service?

Reply 1

Clubber Lang

Technically yes if the amount is over £100

although i imagine the CC company will want you to try resolving it with the shop first. are they refusing to play ball?

Reply 2

Rybee

Would the contract not be frustrated though, omitting their liability?

Reply 3

Clubber Lang

if they dont provide you a bed that you ordered then they are in breach of contract

of course getting your money back is not always so simple

your rights are provided by the sale of goods act. the bit about credit cards is extra protection provided by the consumer credit act

Reply 4

The West Wing

ryan harding

Would the contract not be frustrated though, omitting their liability?

No it's not, they can just deliver you a different bed. It would only be frustrated if you could only have that specific bed.

Reply 5

jacketpotato

Also, you have to remember that much of this depends on what is written in the contract between you and the credit company. The contract will almost certainly cover goods you ordered but didn't receive, pretty much whatever the reason.