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  • FIRST POST
    • Former MSE Wendy
    • By Former MSE Wendy 7th Oct 08, 2:00 PM
    • 868Posts
    • 1,782Thanks
    Former MSE Wendy
    0 WOW
    Section 75 refunds - article discussion
    • #1
    • 7th Oct 08, 2:00 PM
    0 WOW
    Section 75 refunds - article discussion 7th Oct 08 at 2:00 PM

    This discussion relates to the Section 75 refunds article


    Click reply to discuss.
    Last edited by MSE Archna; 10-06-2010 at 4:41 PM.
Page 3
  • Roxiesox
    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
    • bazster
    • By bazster 20th Nov 08, 4:56 PM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    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
    Originally posted by MaggiePkr
    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).
    • bazster
    • By bazster 20th Nov 08, 5:00 PM
    • 7,326 Posts
    • 9,448 Thanks
    bazster
    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
    Originally posted by Roxiesox
    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.
    • hollydays
    • By hollydays 20th Nov 08, 8:26 PM
    • 15,516 Posts
    • 11,302 Thanks
    hollydays
    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
    Originally posted by MaggiePkr
    contact consumer direct
  • wcameron
    Update on Sterling
    Just a quickie to say that the chargback letter worked and I did get money back thanks to the website!
    • JOHNSTON24
    • By JOHNSTON24 21st Nov 08, 3:41 PM
    • 51 Posts
    • 16 Thanks
    JOHNSTON24
    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!
  • bandk
    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?
    • derrick
    • By derrick 22nd Nov 08, 12:11 PM
    • 6,943 Posts
    • 2,258 Thanks
    derrick
    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?
    Originally posted by bandk
    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 competition


  • awp
    missed flight transfer
    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?

    Thanks
    • hollydays
    • By hollydays 22nd Nov 08, 6:05 PM
    • 15,516 Posts
    • 11,302 Thanks
    hollydays
    Isn't it up to you to allow enough time?
  • hants303
    MINT slow to help
    :confused: 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?
  • patrick0
    It would be great to see a definitive answer on the time limit in the article.

    I've just purchased budget airline tickets for Oct 2009 from an overseas airline and am concerned given the perilous nature of airlines at present.
    • Martyn F
    • By Martyn F 26th Nov 08, 5:06 PM
    • 7 Posts
    • 2 Thanks
    Martyn F
    Section 75 rules.
    I bought 10 tickets in advance from Speedferries at a special bulk price and they have now gone into receivership. I bought them on a credit card that I later canceled. Does Section 75 specifically require that I am still a card holder when I make the claim. I have all the details of the account.
    • Sloganjerry
    • By Sloganjerry 26th Nov 08, 5:42 PM
    • 302 Posts
    • 113 Thanks
    Sloganjerry
    Mfi
    I bought built in wardrobes from MFI for over a thousand pounds and they were due to be delivered next Friday on the 5th December. I've just heard that MFI have gone bust ! Anyone advise what I should do now?

    I paid with my American Express Card so I hope that I'm covered under section 75 although I don't really understand exactly what this means? There's no answer from my local store - they are probably avoiding all calls at present. Should I contact American Express? I'm very confused and very worried as I definitely can't afford to lose this sort of money. It was supposed to be the main xmas present for my daughter to have her own new bedroom. I don't know how I'm going to tell her

    Any advice really appreciated guys. It makes you feel so insecure - I hear Woolworths has gone down too? I don't think I want to buy anything again unless I can take it away there and then.
  • KTM Gordo
    I've just heard that MFI have gone bust ! Anyone advise what I should do now?
    Originally posted by Sloganjerry
    Don't panic - they're going in to administration, not liquidation, and according to the BBC: "Some stores will continue to trade, but 26 will close. Existing orders will be either met or refunded", MFI said.

    Source: http://news.bbc.co.uk/1/hi/business/7750250.stm

    HTH
    • Sloganjerry
    • By Sloganjerry 26th Nov 08, 9:46 PM
    • 302 Posts
    • 113 Thanks
    Sloganjerry
    MFI to fulfill orders?
    Thank you so much for trying to calm me down.
    I do feel a little less panicked now I've had some time to think. But I'm still a little worried as I read that the company that MFI use for their deliveries have also gone bust and that is why some customers haven't had their goods. Hopefully I will get my money back either from MFI or the credit card company but I am not hopeful of getting my wardrobes and I'll never find the same wardrobes as cheap as I did.

    And even if I get my money back I have no idea how long it will take to do this. Anyway, I don't feel quite as bad as I did so thank you so much for your advice. This will certainly make me very much more cautious now.
  • kagentscully
    MFI Nightmare
    Hi, I bought a new bed and wardrobes from MFI only two saturdays ago. I heard the bad news today and tried to phone MFI - no answer either! I then phoned my Halifax credit card who I luckily paid with, and they said straight away they would cover my costs and are sending me out a form to get my money back! Am nervous but hopeful it will all work out ok.

    ps, when I phoned my same credit card company in june 08 because my flight was cancelled they said I could not claim money back on my credit card for flights as flights were exempt. Is that right because it doesnt seem so by what i've read about section 75? That was over a grand!! :confused:
    • derrick
    • By derrick 27th Nov 08, 1:24 PM
    • 6,943 Posts
    • 2,258 Thanks
    derrick
    I bought 10 tickets in advance from Speedferries at a special bulk price and they have now gone into receivership. I bought them on a credit card that I later canceled. Does Section 75 specifically require that I am still a card holder when I make the claim. I have all the details of the account.
    Originally posted by Martyn F
    No, they were still bought on credit, however, remember that each ticket has to cost at least £100. not the total costing more than £100.
    Don`t steal - the Government doesn`t like the competition


    • Sloganjerry
    • By Sloganjerry 27th Nov 08, 2:53 PM
    • 302 Posts
    • 113 Thanks
    Sloganjerry
    MFI Update
    I've just seen that MFI have updated their website with customer information and there is a template of the letter that has been sent out to customers only today @ http://www.mfi.co.uk/customernotice.pdf

    I managed to get through to my local store only after countless hours of trying to get through to customer services since yesterday afternoon. I know it says not to contact your local store but they were very helpful to be fair. They are obviously more worried about their future and whether they'll have a job next year and my worries about wardrobes are put into perspective against theirs.

    Basically I was told what is already on the website, that as far as they know my order will be honoured if at all possible or money refunded. The gentleman I spoke to also said that the administrator was on their way that afternoon to price up the stock for a big sell off over the next few days. He expected the store to be open for the next week at least or until all the stock was sold. Poor man didn't know much more than that himself. What an awful situation!
  • Melanie R
    Credit Agreement
    Does Section 75 agreement / protection applies to credit agreements?
    I have been on a 12 month interst free agreement for a £7,000+ kitchen, however the company I brought it from is currently in administration and they owe me money for goods already returned to them? SO I no longer have the goods but do I have to pay the credit company for those items?
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