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**MSE Wendy** · 07-10-2008, 7:16 PM

This thread is to suggest new questions for the Section 75 refunds: Protect your purchases guide.

Click reply to discuss.

MrX · 08-10-2008, 8:10 AM

Another scenario from personal experience.

You buy replacement double glazing. You pay the deposit (£200) on your credit card. On completion of the work you pay the balance on your credit card. A few days later you are informed that the company is in receivership and that the final balance did not go through in time.

As these are replacement windows you need a FENSA certificate to prove they meet the relevant standards. The double glazing company was to provide this (but now they can't). The only way to get the FENSA certificate now is from the local Building Control Office at a cost of £120. (assuming no remedial work is required) Also you have no guarantee in the event of future problems (10 years was promised from the firm).

The adminstrators have been in contact (via telephone) asking for a cheque to clear the balance.

Questions
Can the Credit Card be left to sort this mess out for you?
Will they also honour the guarantee in the future and arrange for FENSA certificate?
or
Should you deduct costs for the extra work required to get the FENSA certficate, plus some for a loss of guarantee etc and issue a cheque?

One of the reasons for going with this company was because they accepted credit cards and I knew I would get protection in the event of the work not completing. But also to spread the cost on a 0% card. I also lose this luxury paying by cheque. Can I reduce payment to account for this?

tik33 · 08-10-2008, 10:57 AM

One thing not clear to me from the article is who do you actually claim from - for example I have a Nationwide credit card with a Visa logo. Do I claim from Visa or Nationwide? What if one of them goes down? Should I be paying for something on two different credit cards?

runciblespoon · 08-10-2008, 11:07 AM

The Section 75 agreement is with Nationwide, so that's who you should claim from.

Another (slightly rhetorical) question: what happens if you pay for something on a credit card and the credit card company goes bust? Do you lose all the protection?

RICH2002 · 10-10-2008, 2:14 PM

Heres a question
Bought a tv 01/12/2006 over the net For £352.05 with credit card. comes with 2 years warranty plus whatever cover i get from the Sales of goods act. Retailler goes into admin and now my T.V needs repairing. I should also point out that Another company bought some of the company that went bust but are refusing to acknowledge me as a customer.
Where do i stand and can i ask the credit card company under section 75 to sort it out.
Thanks

welshrich · 10-10-2008, 5:02 PM

Assuming someone purchases an faulty item with a credit card and then dies, does the individual who applies for probate/letters of administration have the right to a refund under Section 75?

flyaway · 12-10-2008, 12:30 PM

Please can someone clarify for me that Section 75 does not apply to travel agents who purchase you a package holiday with someone else. i.e. I paid travel agent for a complete package holiday with XL. As XL went into administration, I did not get holiday. So do I now have to get refund from travel agent not credit card company.

I've posted on the credit card section but have just read about the exceptions.

RuthE · 22-10-2008, 2:05 PM

Quote:

Originally Posted by MSE Wendy

This thread is to suggest new questions for the Is It Safe To Buy article.

Click reply to discuss.

I bought a cooker on the inter net and paid for it with my credit card. When it arrived our electrician said our cabling wasn't sufficient for the supply and so we arranged to have it collected - for which I had to pay a collection fee of £35.00. The cooker company said they would re-credit my card with the £686.00 I paid for the cooker but didn't. Since then they have gone into liquidation. My credit card company says that because
the cooker wasn't faulty I am not entitled to my money back. Is that true?

sonya99 · 22-10-2008, 8:35 PM

Hi,

I have heard that when purchasing a house, if you pay for the deposit on a credit card and the sale does not complete for whichever reason then you can claim the deposit money back from the credit card company.

Can you confirm if this is the case?

Thanks

Sonya

MarathonMan1981 · 25-10-2008, 11:30 AM

Hello!

Is there a time limit on these things for a section 75 claim to be valid?

Thanks

derrick · 25-10-2008, 4:13 PM

Quote:

Originally Posted by sonya99

Hi,

I have heard that when purchasing a house, if you pay for the deposit on a credit card and the sale does not complete for whichever reason then you can claim the deposit money back from the credit card company.

Can you confirm if this is the case?

Thanks

Sonya

No, as the price of goods/service has to be between £100-30000 for Section 75 to be invoked, not many houses under £30000

derrick · 25-10-2008, 4:15 PM

Quote:

Originally Posted by MarathonMan1981

Hello!

Is there a time limit on these things for a section 75 claim to be valid?

Thanks

Section 75 will be valid for as long as the retailer is liable, under SoGA, for example, this can be for up to 6 years

moonrakerz · 25-10-2008, 5:28 PM

Quote:

Originally Posted by derrick

this can be for up to 6 years

Possibly, may be, could be, you have to prove it first, faint chance, might be !

derrick · 26-10-2008, 12:31 PM

Quote:

Originally Posted by moonrakerz

Possibly, may be, could be, you have to prove it first, faint chance, might be !

Doesn't mean it can't/won't happen, that is why the legislation is there.

I have personally used SoGA after 2 years on furniture with a 1 year warranty and won.

Don't be so negative.

lmb · 29-10-2008, 9:07 PM

If someone brought 2 items in shri lanka, and has waited 2 years for them to be made and delivered, and the items were not what they ordered, and the company has now gone out of buisness, can you still claim from the credit card company? Is there a time limit on claiming?

lmb · 29-10-2008, 9:28 PM

hi did you ever get an answer to the question about time limit?

wcameron · 30-10-2008, 2:33 PM

Hi,

In July, I purchased flights to Copenhagen with the now bankrupt airline Sterling using my Alliance and Leicester Visa Debit card. Flights cost over £100 and we were due to fly in early December. Can I claim back using the Visa Chargeback letter?

clairetrout · 02-11-2008, 3:38 PM

Afternoon all

I bought jewellry in Dubai and after about 6 months one of the stones crumbled away. I contacted the shop several times with no response. I also contacted the Dubai Chamber of Commerce who originally said they would assist but then refused to reply to e-mails after I had sent them copies of the receipt.

I paid with a Morgan Stanley credit card, and when I contacted them they said that I couldn't claim through them. Now, as I understand it, under section 75 they should have refunded me. Now they have been taken over by Barclaycard, so can I claim through them (the purchase was June 2006)?

Cheers

bazster · 03-11-2008, 5:18 PM

It's worth pointing out that, in a case of breach of contract (which is what would normally be triggering a Section 75 claim), you are entitled to be restored to the same position you would have been in had the breach not occurred.

My ISP went bust a couple of years ago. I had paid up front for two years (it was *very* cheap!) with a Co-op Visa card, and there were 11 months left at the time of the failure.

I moved to another ISP, and I made a Section 75 claim against the Co-op for the startup cost and 11 months' service with the new ISP. This amounted to more than the *entire* two years I had paid for with the original ISP (I told you it was cheap!).

The Co-op hated it, and told me all kinds of lies to try to get rid of me, but I just kept writing quoting "Section 75" and in the end they paid up in full.

ronaldreindeer · 05-11-2008, 7:29 PM

Does the section 75 apply to purchases made with American Express Cards?