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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 64
    • Andrea20
    • By Andrea20 29th Mar 17, 2:56 PM
    • 3 Posts
    • 0 Thanks
    Andrea20
    Advice Pls - Car purchase fault
    Hi All,

    Am i entitled to section 75 refund - I shall try to keep it brief

    I purchased a vehicle for 7500.00, i paid part by debit card and part £2600;00 by my banks credit card (tsb). I have had the vehicle less than 4 months 2015 reg. The car has broken down twice in last 10 days, just total loss of power. was advised by vauxhall there was a recall update due on vehicle and this may have been what caused 1st brakdown. This update i found out was actually issued before i purchased vehicle approx 3 wks b4. however 5 days later same thing has happened. this is very worrying and extremely dangerous as i was entering a dual carriage way. i am currently awaiting replys from main dealer Thurlow Nunn where vehicle was purchased , as i have requested refund, however i do beleive this is going to be a struggle. Vauxhall says its down to where i purchased vehicle. Clearly it is not fit for purpose, dangerous and unreliable.

    Would be greatful for any advice pls ..........................thank you
    • rigsbyx
    • By rigsbyx 11th Apr 17, 7:25 PM
    • 6 Posts
    • 2 Thanks
    rigsbyx
    Returned a Car for Repair, Garage in Liquidation, Car Gone!
    I bought a used car and took it back within a month for repairs. The company has since had a winding up order whereby the owner was arrested and currently under investigation for selling cars without the owners permission.

    The liquidators and police both confirmed that my car was not present when all remaining vehicles were seized. Nobody can confirm whether my car was sold, someone is driving it, or the owner has stored / hidden it.

    I paid £500 deposit on Barclaycard and the rest via my HSBC debit card.

    I am about to contact Barclaycard to request their Section 75 forms.

    Does anyone have any advice?

    Many thanks in advance : )
    • Zer0
    • By Zer0 19th Apr 17, 10:38 PM
    • 17 Posts
    • 3 Thanks
    Zer0
    Hi All,

    I just wanted some confirmation on whether or not I can claim.

    My situation is that I bought a phone for around £200 from aliexpress (overseas version of eBay essentially) using my Santander Credit Card in Sep 2016. The phone arrived sometime in Nov 2016. Fast forward to Jan 2017 and the phone stops turning on/doesn't charge. I did some research and asked the seller for help. The seller initially pretended to help but stopped replying and ignored me completely. I then went directly to aliexpress customer support and talked with them roughly every week or so asking for them to do something. They kept offering to investigate but till this day, every time I log onto their live chat customer support they always ask me to repeat the issue and send them evidence over and over again which I believe they're just wasting my time with. The phone is in a spotless condition without a single scratch and has never been dropped etc and it's ridiculous that it stopped working after a mere 3 months and a bit.

    My main worry is that it was bought from aliexpress and also I pay back my credit card bills in full monthly so I've already paid back the balance - would these two stop me from claiming under S75?

    Thanks.
    Originally posted by Ulti
    I am in similar situation, I got in touch with my cc company and they told me:

    I would advise that you as "the cardholder" are the debtor in this agreement and therefore must establish a valid claim for breach of contract or misrepresentation against the merchant to whom you made the card payment.

    In this instance, the agreement is between yourself, and the merchant, www.aliexpress, who have fulfilled their obligations by passing the funds to the supplier of the mobile phone. Any breach of contract is by the supplier who is not a party to the credit card transaction.
    • heeddaball
    • By heeddaball 26th Jun 17, 12:49 PM
    • 11 Posts
    • 0 Thanks
    heeddaball
    Hi
    about 4 weeks ago I bought a Gibson guitar in an auction from an auction house. I did some research before buying and it appeared it was genuine. I bid online as I could not attend the auction in person and paid by credit card. the Guitar was advertised as "Gibson made in USA possible Repro" apparently the auctioneer made a statement about being not being able to verify the Guitar as a genuine Gibson during the auction. I had already placed my bid (which would increased up to my max during the auction) and this bid was locked in 1 hour before the auction starts. I won and was quite happy with the guitar until while researching parts from Gibson to repair Gibson checked out the guitar and told me it is a fake ( they have even sent me a letter confirming its a fake ). I have since gone back to the auction house who says its too late to attempt to get my money back as he has paid out to the seller and that he has completed his legal duty in this. I'm still trying to get some kind of offer or goodwill from him as first port of call. Can I claim a refund via Section 75 as the guitar is now proven to be a fake - I am giving him the benefit of the doubt that he didn't know either but in reality I suspect he knew based on how he replied to my emails. Any help or guidance would be most appreciated.
    Last edited by heeddaball; 27-06-2017 at 8:07 AM. Reason: added appeal for help
    • Azzkaplan14
    • By Azzkaplan14 26th Jun 17, 1:43 PM
    • 1 Posts
    • 0 Thanks
    Azzkaplan14
    I have lost my iPhone purchased with my credit card. Am I covered under 75 for the loss?
    • derrick
    • By derrick 26th Jun 17, 2:05 PM
    • 6,926 Posts
    • 2,251 Thanks
    derrick
    I have lost my iPhone purchased with my credit card. Am I covered under 75 for the loss?
    Originally posted by Azzkaplan14



    .
    Don`t steal - the Government doesn`t like the competition


    • DCFC79
    • By DCFC79 26th Jun 17, 3:57 PM
    • 29,949 Posts
    • 18,970 Thanks
    DCFC79
    I have lost my iPhone purchased with my credit card. Am I covered under 75 for the loss?
    Originally posted by Azzkaplan14
    Where did you lose it ?

    You tried ringing it ?
    Can people stop loaning money/being a guarator to family/friends, it rarely ends well and you lose out as your money is gone or you get shafted with being a guarantor.
    • Ashers92
    • By Ashers92 27th Jun 17, 6:37 PM
    • 81 Posts
    • 155 Thanks
    Ashers92
    Hi all,

    Have a query on behalf of a friend regards potential use of Section 75.

    She had a flight cancelled from Halifax, Canada to Heathrow but as she's flying with Air Canada, a flight delay claim isn't possible.
    The airline redirected her via Montreal, and covered hotel costs/transport I'm guessing.
    The flights were paid for on a credit card and not part of a package or anything.

    I'm wondering if theres any chance of using Section 75 to make a claim for some/all of the flights? I'm not so sure but I said I'd ask for her.

    Thanks
    #157 - Save £12k in 2016: £12000 / £12000
    House deposit saving mode active: £19890 / £40000
    • IAmWales
    • By IAmWales 27th Jun 17, 7:20 PM
    • 1,189 Posts
    • 2,530 Thanks
    IAmWales
    Hi all,

    Have a query on behalf of a friend regards potential use of Section 75.

    She had a flight cancelled from Halifax, Canada to Heathrow but as she's flying with Air Canada, a flight delay claim isn't possible.
    The airline redirected her via Montreal, and covered hotel costs/transport I'm guessing.
    The flights were paid for on a credit card and not part of a package or anything.

    I'm wondering if theres any chance of using Section 75 to make a claim for some/all of the flights? I'm not so sure but I said I'd ask for her.

    Thanks
    Originally posted by Ashers92
    If she has incurred no losses then she has nothing to claim for.

    The airline got her from a to b, albeit via c, she has no claim for a refund.
    • Ashers92
    • By Ashers92 27th Jun 17, 7:31 PM
    • 81 Posts
    • 155 Thanks
    Ashers92
    If she has incurred no losses then she has nothing to claim for.

    The airline got her from a to b, albeit via c, she has no claim for a refund.
    Originally posted by IAmWales
    As I thought. Thanks.
    #157 - Save £12k in 2016: £12000 / £12000
    House deposit saving mode active: £19890 / £40000
    • Penny Clark
    • By Penny Clark 28th Jun 17, 10:45 AM
    • 1 Posts
    • 0 Thanks
    Penny Clark
    Hi there

    Can anyone help me with a Section 75 claim to barclays? Initially they refused my claim and I went to the Ombudsman. They ruled in my favour but said that my claim for expenses against damage a builder did isn't covered why? They said they would write to Barclays and demand they refund my monies plus a survey which was carried out. Builder was not insured for demolition.
    • wendywoo67
    • By wendywoo67 28th Jun 17, 7:36 PM
    • 2 Posts
    • 0 Thanks
    wendywoo67
    Faulty goods after 90 day deadline
    We purchased a mattress from Mattress man, which was delivered on the 8th March 2017. When delivered it was still wrapped up and extremely heavy. We were told by the delivery drivers that we need to give time for the mattress to 'settle'. The mattress cost £749.

    On Sunday 25th June, I noticed there was a hole at the bottom on one side. When I sent an email along with pictures to mattress man, they replied stating ' Looking at the pictures it does look like the mattress has been Bent as well as having a hole in it. This looks like this would have been done on delivery which we would need reported as soon as possible and within reasonable amount of time'.

    'Unfortunately the guarantee/ warranty does not cover this damage'.

    There said that they could not help us. So my husband contact the Tescos credit card, who advised they can not help as its after 90 days.

    Is there anything we can now do? Any help is appreciated
    Thanks Wendy
    • DollyH
    • By DollyH 13th Jul 17, 12:14 AM
    • 2 Posts
    • 0 Thanks
    DollyH
    Same problem
    Just wanted to know if you resolved your post as I am now in a similar position.
    • DollyH
    • By DollyH 13th Jul 17, 12:21 AM
    • 2 Posts
    • 0 Thanks
    DollyH
    Solar panels
    Hi, Michelle. Did you get this sorted as I now have similar problem.
    • Crabman
    • By Crabman 13th Jul 17, 10:03 PM
    • 9,571 Posts
    • 6,960 Thanks
    Crabman
    We purchased a mattress from Mattress man, which was delivered on the 8th March 2017. When delivered it was still wrapped up and extremely heavy. We were told by the delivery drivers that we need to give time for the mattress to 'settle'. The mattress cost £749.

    On Sunday 25th June, I noticed there was a hole at the bottom on one side. When I sent an email along with pictures to mattress man, they replied stating ' Looking at the pictures it does look like the mattress has been Bent as well as having a hole in it. This looks like this would have been done on delivery which we would need reported as soon as possible and within reasonable amount of time'.

    'Unfortunately the guarantee/ warranty does not cover this damage'.

    There said that they could not help us. So my husband contact the Tescos credit card, who advised they can not help as its after 90 days.

    Is there anything we can now do? Any help is appreciated
    Thanks Wendy
    Originally posted by wendywoo67
    Tesco Credit Card lied to you. There is no 90 day limit for S75 claims - they are governed by the typical limitations period of several years.

    If it has been 8 weeks since they misled you, then contact the Financial Ombudsman Service to say that Tesco said you can't make a Section 75 claim after 90 days.
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards which means I'm a volunteer to help the boards run smoothly & I can move & merge posts there. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

    • bplp
    • By bplp 8th Aug 17, 8:47 AM
    • 14 Posts
    • 1 Thanks
    bplp
    Cancelled Cruise
    Advice please: My wife and I booked a cruise with Celebrity though Co-op Travel. My wife was diagnosed with cancer. I contacted Celebrity and asked if we could leave it until the last minute before cancelling as the treatment was working and she should be fit to go. Someone phoned me from Celebrity in Florida and told me not to worry as Celebrity cared and if we had to cancel they would fully refund or defer to holiday to later. I then contacted our insurance company (Nationwide), and related our health conditions and they said cancer wouldn't be covered; I obviously wasn't concerned about this because of the verbal promise.
    My wife became ill again and we had to cancel. I emailed Celebrity again explaining what I was promised; no reply. I talked to the Co-op who talked to Celebrity in the US who said there was no-one there who remembers the conversation or promise. I've emailed Celebrity to the same address that inspired the phone call with fairly accurate date and time of the call; copying in Co-op. I had no acknowledgement or reply from either of them so I emailed Thomas Cook who is the parent company and link to Celebrity through Resolver 10 days ago, explaining all this.
    I've not heard from them either.
    Any ideas anyone as to what I do next ... or am I wasting my time as I have no case.

    Peter
    • laststraw
    • By laststraw 18th Aug 17, 9:43 AM
    • 16 Posts
    • 13 Thanks
    laststraw
    Holiday installments - not deposit
    I have searched but can not find the answer, everything relates to paying a deposit or even a part of one for a holiday on a CC but my question is am I covered if I have already paid the deposit on debit card ( I know that's not covered) but if I then pay a fraction of the remaining balance on CC will that get me the same protection.
    • derrick
    • By derrick 18th Aug 17, 9:55 AM
    • 6,926 Posts
    • 2,251 Thanks
    derrick
    I have searched but can not find the answer, everything relates to paying a deposit or even a part of one for a holiday on a CC but my question is am I covered if I have already paid the deposit on debit card ( I know that's not covered) but if I then pay a fraction of the remaining balance on CC will that get me the same protection.
    Originally posted by laststraw
    It does not matter how much and with what else you pay, the main criteria is that the goods must cost between £100 - 30,000.

    Any amount, (even 1p), paid on a CC will make the CC supplier equally liable for the FULL amount under S75.

    .
    Don`t steal - the Government doesn`t like the competition


    • laststraw
    • By laststraw 18th Aug 17, 10:08 AM
    • 16 Posts
    • 13 Thanks
    laststraw
    It does not matter how much and with what else you pay, the main criteria is that the goods must cost between £100 - 30,000.

    Any amount, (even 1p), paid on a CC will make the CC supplier equally liable for the FULL amount under S75.

    .
    Originally posted by derrick
    Thank you,
    When you say "It does not matter how much and with what else you pay"
    I have already paid the deposit - not on a credit card, but now the final balance is due. And I am looking to protect myself by paying part of the balance on credit card.

    To be covered does part of the original cost when it was actually purchased have to of been on a credit card or do later instalments give protection just the same even if I did not pay any deposit on the credit card in the first place.
    • derrick
    • By derrick 18th Aug 17, 10:26 AM
    • 6,926 Posts
    • 2,251 Thanks
    derrick
    Thank you,
    When you say "It does not matter how much and with what else you pay"
    I have already paid the deposit - not on a credit card, but now the final balance is due. And I am looking to protect myself by paying part of the balance on credit card.

    To be covered does part of the original cost when it was actually purchased have to of been on a credit card or do later instalments give protection just the same even if I did not pay any deposit on the credit card in the first place.
    Originally posted by laststraw
    ANY part of the purchase paid by CC gives total S75 protection for the WHOLE of the transaction, it makes no difference to the order of payment.

    See MSE.


    .
    Don`t steal - the Government doesn`t like the competition


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