Section 75 refunds - article discussion

[MSE Wendy]

This discussion relates to the Section 75 refunds article

Click reply to discuss.

[max2002ad]

I have an egg money credit card and i have had to claim three times from them. They were amazingly easy to deal with.

The first time i had brought some clothes from an online sports site with a total cost of about £5. the site had said it was delivered and i said it wasn't three months and no joy so phoned up egg and immediately credited account as it was below threshold.

The second time was for a medival festival that went bust, the transaction was for £11. Phoned egg to inform them that the company had gone in administration and recieved an immediate refund.

The third time was for the same festival but this time i was for two tickets (£25). All i had to do was fill in form and send in emails recieved from the company and the tickets and recieved a refund in less than three days.

My point is that even if the amount is under £100 give your card company a call and they might be able to sort it out for you without loads of fuss.

worth a go.

[MrX]

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]

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]

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]

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]

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]

That's good to know that you got your refund for anything under £100.
I just wish I was so lucky and mine is well over £100.
After reading what Martin said there is a loophole in the Consumer Credit Act in that if you paid a third party then the credit card is not responsible.
My problem is that I paid a travel agent for a package holiday with XL on my credit card. The cc are referring me back to the travel agent for a refund.
But I thought I was covered under the CCA. Is this the case?

[flyaway]

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.

[ANNELIESE]

hI,

I READ ARTICLE WHICH STATES YOU ARE NOT COVERED BY SECT 75 OF CONSUMER CREDIT ACT IF YOU PAY FOR PRODUCT VIA THIRD PARTY IE PAYPAL. I HAVE CONTACTED NATIONWIDE CREDIT CARD AND THEY STATE I AM COVERED.

[Joyh1]

Hi
I applied to Abbey for chargeback for a refund after XL's collapse, and completed their forms. They have now written back saying I have to claim through ATOL, ABTA or CAA. Whjat a waste of time!!

Can I write back and say they have to give refund? ATOL will take ages it seems.

Many Thanks

[ClaireL]

Is there a time limit to start a claim under Section 75?

[MSE Martin]

Originally Posted by ANNELIESE

hI,

I READ ARTICLE WHICH STATES YOU ARE NOT COVERED BY SECT 75 OF CONSUMER CREDIT ACT IF YOU PAY FOR PRODUCT VIA THIRD PARTY IE PAYPAL. I HAVE CONTACTED NATIONWIDE CREDIT CARD AND THEY STATE I AM COVERED.

Agency payments are exempt, so paying through paypal is generally seen to be exempt. Do remember callcentre operators tend not to be briefed on the minutae of section 75 (if they've even heard of it)

If Nationwide are saying this, and its a big purchase, ask for it in writing, or record the phone call (letting them know you are doing so) as otherwise I wouldn't rely on it too heavily.

[flyaway]

Originally Posted by MSE Martin

Agency payments are exempt, so paying through paypal is generally seen to be exempt. Do remember callcentre operators tend not to be briefed on the minutae of section 75 (if they've even heard of it)

If Nationwide are saying this, and its a big purchase, ask for it in writing, or record the phone call (letting them know you are doing so) as otherwise I wouldn't rely on it too heavily.

What's the best way to pay a travel agent for a holiday if they are "Retail Agents for ATOL holders"?

[laptaman]

Under Section 75 of Consumer Credit Act it says that the Credit Card company have joint liability for claims over £100 and under £30,000. If an item is over £30,000 is it not possible to claim or is that a maximum one can claim?

[RuthE]

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]

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]

Hello!

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

Thanks

[derrick]

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]

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