MBNA Section 75 Claim advise for incorrect item


I ordered an Apple MacBook Pro worth £1660 from a retailer, also paying £5 for next day delivery, all through my MBNA credit card. The retailer, Debenhams Plus, sent me the wrong item instead of the MacBook Pro. After raising this with their customer service and sending the incorrect item back for a refund, I received a call from Returns Manager from a warehouse (supposedly the same where the MacBook was picked & packed) who said he cannot approve my refund as he believes the item doesn’t belong to the warehouse. I checked their website and they do sell the incorrect item. He said he has evidence that the correct item was picked and packed for dispatch. He confirmed he would send the evidence to me asap (said he just needed to download the cctv footage) but so far I haven’t received anything and its been over a day. Even though, as per his claim the right product was picked and packed, I didn’t receive it so something somewhere went wrong? I cannot prove what happened, I just know I received the wrong item. But he wouldn’t take any further responsibility and couldn’t do anything else.

I went to MBNA and raised a S75 claim – they called it disputed transaction. They asked me to send the emails I received from Debenhams Plus confirming order, invoice, them asking the incorrect item and receiving it, which I promptly did. They said they will raise a claim with the retailer and give them an opportunity to respond and hear their story. They promised to get back to me within 5 days with an answer if my claim will be successful or not.

The retailer has already declined me the refund and my worry is they will do the same to MBNA’s claim and I will be out of pocket with the money and no product as well.

I wanted to ask for guidance and suggestions from fellow consumers who have any experience of such situations. What should I expect? Has anybody had any success in such claims? If I get rejected by MBNA, will FOS give me a positive response?


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