Section 75 Protection credit card Enquiry

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  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    The credit card company may pursue the lender depending on the value of the claim, or if they are still trading etc. Quite a few variables.

    Sometimes the cc company will take possession of the goods involved (if there are any) and auction them off to recoup some of their loss. Cars being an obvious example.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    Lender = merchant

    Oops
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    Ok the value of the claim is £10000 and they are still trading as of now.

    So to clarify credit card will refund me out of their own pocket first and rip the windows/doors out of my house to recoup some of their losses? Also how will credit card company enforce merchant to pay them back, is it via legals & courts?

    Circumstances like mine what will likely to happen?

    Cheers,
  • bigadaj
    bigadaj Posts: 11,531 Forumite
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    bery_451 wrote: »
    Ok the value of the claim is £10000 and they are still trading as of now.

    So to clarify credit card will refund me out of their own pocket first and rip the windows/doors out of my house to recoup some of their losses? Also how will credit card company enforce merchant to pay them back, is it via legals & courts?

    Circumstances like mine what will likely to happen?

    Cheers,



    No, the credit card has joint and several liability meaning that they are equally liable for putting things right.


    The process may be that a surveyor is appointed to review the work and comment on it's adequacy. The card company will then likely appoint another company to undertake the works and pay for them directly, either carrying on the works started by others if they are acceptable or ripping things out and starting from fresh.


    Raise the issues with your card company and state you want to make a section 75 claim. They then have several options, the first might be for them to make some payment to your current installer to finish the job properly. It could be that you'll need to appoint and pay for a survey, the cost of which will be reimbursed as part of your claim if you're successful.


    If the section 75 claim is successful then the credit card will supply the goods or services for the agreed price, whether they can reclaim that money from the company isn't your concern, maybe they will, maybe they won't.
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    bigadaj wrote: »
    No, the credit card has joint and several liability meaning that they are equally liable for putting things right.


    The process may be that a surveyor is appointed to review the work and comment on it's adequacy. The card company will then likely appoint another company to undertake the works and pay for them directly, either carrying on the works started by others if they are acceptable or ripping things out and starting from fresh.


    Raise the issues with your card company and state you want to make a section 75 claim. They then have several options, the first might be for them to make some payment to your current installer to finish the job properly. It could be that you'll need to appoint and pay for a survey, the cost of which will be reimbursed as part of your claim if you're successful.


    If the section 75 claim is successful then the credit card will supply the goods or services for the agreed price, whether they can reclaim that money from the company isn't your concern, maybe they will, maybe they won't.

    Ok so it is not the simple solution of card company refunding me £10000?

    Probably cost the card company more than £10000 if they choose to rectify it themselves instead of refunding me.

    Ripping it out and starting fresh will cause so much inconvenience and hassle to my household again. An option I must take if given?
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    Hello seeking advice please.
  • derps
    derps Posts: 137 Forumite
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    No, Section 75 is not a straight entitlement to a refund, it's about liability for a breach of contract and the card provider's joint liability with the merchant to put it right.

    The best people to speak to about the options will be the credit card provider, with whom you will want to cooperate to discuss the best outcome for both of you. The credit card provider is likely to be guided by an independent expert report regarding the current state of the windows, the contract and the options to rectify the situation going forward so speak to them about a good report from someone reputable such as someone with FENSA and what the provider wants to do.
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
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    derps wrote: »
    The best people to speak to about the options will be the credit card provider

    I once rang HSBC with an enquiry about Section 75, not because I wanted to make a claim, but just to enquire whether it applies when only a part payment is made (I didn't know at that time).

    Before I had even got to the question, the bloke in the call centre butted in and said "Your card doesn't offer that facility sir".

    Every time I re-started speaking he just butted in again and again:

    Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir
  • derps
    derps Posts: 137 Forumite
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    jack_pott wrote: »
    Irrelevant anecdote

    You're right - it will be much more productive to only make non-negotiable demands of the bank after crowdsourcing amateur advice from the internet for the One True Correct Answer instead of opening a two-way dialogue with them :money::money::money::money::money:
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    edited 13 November 2017 at 5:38PM
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    derps wrote: »
    No, Section 75 is not a straight entitlement to a refund, it's about liability for a breach of contract and the card provider's joint liability with the merchant to put it right.

    The best people to speak to about the options will be the credit card provider, with whom you will want to cooperate to discuss the best outcome for both of you. The credit card provider is likely to be guided by an independent expert report regarding the current state of the windows, the contract and the options to rectify the situation going forward so speak to them about a good report from someone reputable such as someone with FENSA and what the provider wants to do.

    Ok regarding the independent expert report will my credit card company arrange that when I make a claim or do I have to obtain that myself first?

    Also because the job is half complete and the property is not secure because of this will the credit card company complete the remainder of the job even though I paid 20% for the order, or do I have to pay the full 100% to the window company first to get credit company own remedial works and completion entitlement?
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