Consumer Genie Consumer Advice Service
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Hi, Can anyone help on this one. I purchased a Tablet from Discount Vouchers.co.uk in June 2013. In May 2014 it stopped working. Despite 12 months of communication with Discount Vouchers they state it is not their problem as the Tablet was supplied by a company advertising on their site. I paid £100 to DV by credit card. The bank and credit card company will not help under charge back. DV state they have no records as to who supplied it and I received no invoice or any paperwork with the Tablet, not even a guarantee. DV have done everything possible to shut down communication with me. I wrote to the CEO who just passed the complaint on. My enquiry is, can I sue DV in small claims, as product is clearly not fit for purpose. DV constantly state they did not supply the Tablet, which is correct, but I paid them by credit card. Any advice would be great. Thanks. Anne.
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Dear Annie
I am sorry to inform you that DV are just an intermediary for other providers to post their services – the terms and conditions make it quite clear that any products supplied are supplied by the company, not them. This means that any claim you have must be made against the supplier of the Tablet. The credit card company will say it is not be liable under Section 75 of the Consumer Credit Act as you have paid a third party, and there is no breach of contract by that third party (this is the view the Financial Ombudsman takes although there are legal grounds for arguing differently).
You may well have a claim under the Sale of Goods Act, but it is against the supplier (if that supplier is a trader).
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