Section 75 refunds - article discussion
Comments
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I paid for a course of 7 acupuncture treatments, but only manged to have 3 of them before the shop shut without warning. M & S &More card are saying that I have to have proof of breach of contract. The girl from the cc company said that the company (Dr & Herbs) who have the paperwork are hardly likely to give me the paperwork and that my appointment card id=s no good as proof. She said that they are not liable without proof of breach and cannot be held responsible.
I think that she is out of order and that they are responsible for the full course of treatment.
It's hard to prove non-receipt of goods as the 'goods' were a treatment.
Is section 75 any use to me? I have a cc statement showing my payment & the appointment card showing what i have had, The card states I am having 7 sessions and show the dates for only 3 sessions received.
Any help is gratefully received
Yup, Section 75 is on your side. Put it in writing and threaten them with the Financial Ombudsman and the courts, and follow through on both if necessary.
Bringing a claim in the Small Claims Track of the County Court is surprisingly easy, and a big company that knows it is in the wrong will almost certainly not want to bother defending it and will just pay up - but in the unlikely event that you finish up in front of a judge, he/she may not be impressed if you haven't tried the Ombudsman first.
(n.b. think twice though before going to court against an individual or a small business - you may just be throwing good money after bad).Je suis Charlie.0 -
Hi All,
Bought concert tickets with a Visa Debit in November 2007, tickets never turned up in June when concert was. Asked bank but they said they couldn't do anything as there was no fraud involved! Can we still use the template letter for Visa Debit card a) because of time delay, and b) because money went to Hungary. Many thanks
As Martin's article says: "Complain to your bank not more than 120 days after realising there’s a problem". Looks like you're too late.Je suis Charlie.0 -
I paid for a course of 7 acupuncture treatments, but only manged to have 3 of them before the shop shut without warning. M & S &More card are saying that I have to have proof of breach of contract. The girl from the cc company said that the company (Dr & Herbs) who have the paperwork are hardly likely to give me the paperwork and that my appointment card id=s no good as proof. She said that they are not liable without proof of breach and cannot be held responsible.
I think that she is out of order and that they are responsible for the full course of treatment.
It's hard to prove non-receipt of goods as the 'goods' were a treatment.
Is section 75 any use to me? I have a cc statement showing my payment & the appointment card showing what i have had, The card states I am having 7 sessions and show the dates for only 3 sessions received.
Any help is gratefully received
contact consumer direct0 -
Just a quickie to say that the chargback letter worked and I did get money back thanks to the website!0
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I sent a letter off to my credit card company for a refund for flights booked direct through XL.com and quoted section 75. My flights were leaving on 14th June 2009 returning on 21st June 2009. I received the following letter from MBNA regarding my flights.
Thank you for your recent correspondence in respect of your dispute with the merchant XL.Com.
Please note that section 75 of the Consumer Credit Act 1974 does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached the contract with the buyer or where the contract was induced by misrepresentation.
We review each case on its individual merits and determine our response based upon the documentation and evidence submitted to us. In this case we believe, as yet, no breach of contract has occurred as the service date has not elapsed and the merchant are only in administration at this point. Please contact us after 14 June 2009 to allow us to consider your claim.
At this time, we would suggest that you continue to discuss the merits of your claim with your legal advisor in view of our comments on this matter.
Can anyone advise me what I should do next or is it just a case of waiting till after the date? Any help would be appreciated. Thanks!0 -
We bought a TV and various other things to furnish our holiday home in Spain, we have been contacted to say we have been burgled, and though we haven't been able to get there yet, it looks like all electricals will have gone. Would we be able to claim the cost of the back?0
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We bought a TV and various other things to furnish our holiday home in Spain, we have been contacted to say we have been burgled, and though we haven't been able to get there yet, it looks like all electricals will have gone. Would we be able to claim the cost of the back?
Only if you have contents insurance, Section 75 does not cover burglary, what on earth makes you think it would
Don`t steal - the Government doesn`t like the competition0 -
Can I get my money back for a delayed flight if it subsequently means I missed a transfer?
e.g. say I’m flying from London to Toronto, via Milan (weird connection, but I did this once to save money). If the flight to Milan is delayed, causing me to miss the flight to Toronto, and they have to reroute me from Milan to Toronto via New York, causing a long delay, could I make a claim?
Thanks0 -
Isn't it up to you to allow enough time?0
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Help! I recently had a delivery of heating oil (over £400) and the company damaged an oil pipe during a shoddy delivery. Concern was expressed the next day when I reported it to them but they have since ignored me including correspondence. I wrote to MINT asking them to reverse the transaction and have just had back the standard reply 'they have no direct contact with individual retailers........unable to assist where the standard of service is in dispute'.
There has clearly been a breach of contract here (confirmed by Trading Standards) so how do I best approach this? Should I be insisting on a partial refund to cover the damage as I can't give the oil back or do I go for the full refund until the retailer reacts?0
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