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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 65
    • laststraw
    • By laststraw 18th Aug 17, 10:36 AM
    • 16 Posts
    • 13 Thanks
    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.


    .
    Originally posted by derrick
    Ah - thank you, now I understand.I read the info in the link you provided before I posted but the info only relates to the paying full amount or a deposit or even part of a deposit on a CC and nothing about later instalments if you have already paid a deposit by other means and didn't use a CC in the first place.
    Last edited by laststraw; 18-08-2017 at 10:38 AM.
    • fresia
    • By fresia 22nd Aug 17, 9:17 PM
    • 22 Posts
    • 1 Thanks
    fresia
    Avis Car Hire Fiasco
    We booked a group Z car with Avis for collection at Orlando Sanford airport, paying £811, and when we got there, they told us they didn't have a group Z and could only offer a minivan.

    We complained and out of nowhere they found a group Z, but it was dirty and damaged to the outside, it'd clearly been in a crash and fixed with a bit of mastic.

    Anyway, they told us to ring the next day to get a replacement. In the end it took several calls and 3 days out of 14 to get sorted with a decent car, and a trip wasted trip to Cleremont and then another to MCO.

    The stress and upset aggravated a pre-existing health condition, and I took seriously ill a few days later.

    I complained to Avis when I got home and I got no reply to my original complaint until I had chased it twice, and even then it was just and apology.

    I then emailed the CEO who delegated it to someone else, and considering I paid in pounds, they have credited me $189 and now a EUR100 voucher to be used within 12 months. None of which is satisfactory.

    I am thinking about starting a Section 75 refund, does anyone have any advice please?

    Thank-you
    • meer53
    • By meer53 27th Aug 17, 2:43 PM
    • 8,935 Posts
    • 12,974 Thanks
    meer53
    We booked a group Z car with Avis for collection at Orlando Sanford airport, paying £811, and when we got there, they told us they didn't have a group Z and could only offer a minivan.

    We complained and out of nowhere they found a group Z, but it was dirty and damaged to the outside, it'd clearly been in a crash and fixed with a bit of mastic.

    Anyway, they told us to ring the next day to get a replacement. In the end it took several calls and 3 days out of 14 to get sorted with a decent car, and a trip wasted trip to Cleremont and then another to MCO.

    The stress and upset aggravated a pre-existing health condition, and I took seriously ill a few days later.

    I complained to Avis when I got home and I got no reply to my original complaint until I had chased it twice, and even then it was just and apology.

    I then emailed the CEO who delegated it to someone else, and considering I paid in pounds, they have credited me $189 and now a EUR100 voucher to be used within 12 months. None of which is satisfactory.

    I am thinking about starting a Section 75 refund, does anyone have any advice please?

    Thank-you
    Originally posted by fresia
    What basis will you use for your claim ? You paid for, and got a car, plus a refund and a voucher. Section 75 will require you to prove breach of contract, where is the breach ?
    • BorisThomson
    • By BorisThomson 27th Aug 17, 3:07 PM
    • 538 Posts
    • 878 Thanks
    BorisThomson
    The minivan actually offers more room than the SUV class, and it is more expensive. You received an upgrade. Is there a reason why it was not suitable for you?
    • deano83
    • By deano83 13th Sep 17, 6:28 PM
    • 1 Posts
    • 0 Thanks
    deano83
    Section 75 alternative?
    Hi all,

    I understand the section 75 'guarantee' and am glad it is law, however, I wanted to make a claim against a second hand car i purchased from an independent trader that is not interested in paying to get it fixed, but have been told by the bank the my transaction wasn't done with my debit/credit card, but was done via bank transfer (which i forgot), so i will not covered by the section 7.
    (i've had the car nearly 3 months now, he sold it to me with 3 months or 3000 mile warranty, but i had done 3300 miles)
    My question is, does anybody know of an alternative to the section 75 route to get any some of money back please?
    • jonesMUFCforever
    • By jonesMUFCforever 13th Sep 17, 9:48 PM
    • 24,163 Posts
    • 11,442 Thanks
    jonesMUFCforever
    Hi all,

    I understand the section 75 'guarantee' and am glad it is law, however, I wanted to make a claim against a second hand car i purchased from an independent trader that is not interested in paying to get it fixed, but have been told by the bank the my transaction wasn't done with my debit/credit card, but was done via bank transfer (which i forgot), so i will not covered by the section 7.
    (i've had the car nearly 3 months now, he sold it to me with 3 months or 3000 mile warranty, but i had done 3300 miles)
    My question is, does anybody know of an alternative to the section 75 route to get any some of money back please?
    Originally posted by deano83
    Just the one option - sue him in small claims court.
    What goes around - comes around
    give lots and you will always receive lots
    • rsspence
    • By rsspence 17th Sep 17, 6:18 PM
    • 157 Posts
    • 288 Thanks
    rsspence
    Flight needs to be cancelled due to no accomodation
    Hi all,

    If anyone could help, that would be great. My wife is due to travel to Florida soon, staying with her dad at his house. He had some storm damage and work needs to be carried out, the result being my wife has nowhere to stay. We cannot afford the extra cost of hotels and flight was booked with no refunds etc. Due to this can a claim be made via Barclaycard section 75 due to having to cancel the flight?

    Thanks
    2008 wins value £3000, 2009 wins value £3500 2010 wins value £3500, 2011 Wins so far - £2000.
    2013 so far 47" Sony TV, Smart phone
    • derrick
    • By derrick 17th Sep 17, 6:23 PM
    • 6,943 Posts
    • 2,258 Thanks
    derrick
    Hi all,

    If anyone could help, that would be great. My wife is due to travel to Florida soon, staying with her dad at his house. He had some storm damage and work needs to be carried out, the result being my wife has nowhere to stay. We cannot afford the extra cost of hotels and flight was booked with no refunds etc. Due to this can a claim be made via Barclaycard section 75 due to having to cancel the flight?

    Thanks
    Originally posted by rsspence

    Afraid not, it is not the fault of Barclaycard or the airline for your wife's predicament.


    .
    Last edited by derrick; 17-09-2017 at 7:26 PM.
    Don`t steal - the Government doesn`t like the competition


    • PeteBunn
    • By PeteBunn 23rd Sep 17, 1:10 AM
    • 2 Posts
    • 0 Thanks
    PeteBunn
    My wife purchased 2 X £125 hot air balloon experience tickets, from a local company, on her credit card, after many attempts of booking and the company cancelling due to weather, visibility etc we received a letter from the company stating they had ceased trading, no mention of wether this was due to administration or just folded the business.
    The letter said they had arranged for our booking to be honoured be "virgin balloons" and would receive a letter from them which we did, however the reason we chose a local company was for a local tour and virgin ballons offer a tour in a 60 mile radius which is not what we wanted and not what we paid for, do we have any right to make a claim against our credit card, thanks guys
    • bromley89
    • By bromley89 25th Sep 17, 10:39 PM
    • 1 Posts
    • 0 Thanks
    bromley89
    Section 75 multiple payments
    Hi, we signed a contract for a house extension and had to pay a deposit for a large amount of money, £15k+. We decided to pay some money by credit card, one payment by my wife around £5k and a similar amount by myself. We used 2 different credit card companies to make up the balance. The rest was paid via bank transfer.

    The company went bust, investigated for fraud currently. We found out about section 75, do we claim via my wife's credit card company, mine or both credit cards? Slightly complicated! If both, do we split the amount between the 2 credit card companies? Thank you for any advice!
    • derrick
    • By derrick 26th Sep 17, 9:23 AM
    • 6,943 Posts
    • 2,258 Thanks
    derrick
    Hi, we signed a contract for a house extension and had to pay a deposit for a large amount of money, £15k+. We decided to pay some money by credit card, one payment by my wife around £5k and a similar amount by myself. We used 2 different credit card companies to make up the balance. The rest was paid via bank transfer.

    The company went bust, investigated for fraud currently. We found out about section 75, do we claim via my wife's credit card company, mine or both credit cards? Slightly complicated! If both, do we split the amount between the 2 credit card companies? Thank you for any advice!
    Originally posted by bromley89

    S75 only applies for purchases between £100 & £30000. Is the extension more than this?

    If not then it does not matter which CC you go for, even both although you will not get 2 payouts.


    .


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


    • LitteButterfly500
    • By LitteButterfly500 2nd Oct 17, 12:22 PM
    • 9 Posts
    • 7 Thanks
    LitteButterfly500
    Cancelled Flights
    Don't know if anyone can help. I'm one of the unlucky many who has a flight booked with Monarch. I rang up my credit card provider this morning (Tesco Bank) and asked to make a claim under section 75.
    The representative then said they would make the refund claim as a charge back rather than as a section 75. Are they allowed to do this as I requested a section 75?
    I understand that a charge back places the obligation more onto Monarch's bank rather than onto Tesco Bank's shoulders. I requested that a note should be added to my account that I requested a section 75 and that Tesco went for a chargeback instead.
    What are the chances of me getting the full amount back? What sort of timeframe? I will need to rebook a flight but if I have to pay for both this month that's putting me out of pocket by quite a bit!!
    Should I ring them again and push for a section 75 claim instead?

    Thanks in advance
    • derrick
    • By derrick 2nd Oct 17, 12:46 PM
    • 6,943 Posts
    • 2,258 Thanks
    derrick
    Don't know if anyone can help. I'm one of the unlucky many who has a flight booked with Monarch. I rang up my credit card provider this morning (Tesco Bank) and asked to make a claim under section 75.
    The representative then said they would make the refund claim as a charge back rather than as a section 75. Are they allowed to do this as I requested a section 75?
    I understand that a charge back places the obligation more onto Monarch's bank rather than onto Tesco Bank's shoulders. I requested that a note should be added to my account that I requested a section 75 and that Tesco went for a chargeback instead.
    What are the chances of me getting the full amount back? What sort of timeframe? I will need to rebook a flight but if I have to pay for both this month that's putting me out of pocket by quite a bit!!
    Should I ring them again and push for a section 75 claim instead?

    Thanks in advance
    Originally posted by LitteButterfly500

    Section 75 can take a long time and in this situation will make no difference to time scale.

    Charge back will be quicker and easier for everyone, but due to the nature of this particular problem you may end up as an unsecured creditor, let Tesco use charge back at this stage.

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


    • LABMAN
    • By LABMAN 2nd Oct 17, 12:46 PM
    • 678 Posts
    • 1,123 Thanks
    LABMAN
    How much were the flights?
    • LitteButterfly500
    • By LitteButterfly500 2nd Oct 17, 1:31 PM
    • 9 Posts
    • 7 Thanks
    LitteButterfly500
    How much were the flights?
    Originally posted by LABMAN
    Flights were £211 for the return journey in the end, I was just concerned that Tesco were trying to pass the buck in terms of getting a refund but I suppose if Monarch's creditors run out of money then eventually S75 will become the only option.

    Cheers
    • BigdaddyG1
    • By BigdaddyG1 2nd Oct 17, 1:56 PM
    • 1 Posts
    • 0 Thanks
    BigdaddyG1
    Flights
    Hi all,

    I think I already know the answer to this having read some of this thread but thought I'd ask the question just in case.

    I've booked flights with Monarch for 9 lads including myself, cost £460 but each individual flight is only £51 so I can't claim under section 75?

    Can they do a Chargeback claim for me ?
    • PeteBunn
    • By PeteBunn 6th Oct 17, 12:54 AM
    • 2 Posts
    • 0 Thanks
    PeteBunn
    My wife purchased 2 X £125 hot air balloon experience tickets, from a local company, on her credit card, after many attempts of booking and the company cancelling due to weather, visibility etc we received a letter from the company stating they had ceased trading, no mention of wether this was due to administration or just folded the business.
    The letter said they had arranged for our booking to be honoured be "virgin balloons" and would receive a letter from them which we did, however the reason we chose a local company was for a local tour and virgin ballons offer a tour in a 60 mile radius which is not what we wanted and not what we paid for, do we have any right to make a claim against our credit card, thanks guys
    Originally posted by PeteBunn
    Been a few weeks since original post, if no-one has any answers does anyone know of any other sources of information, just need some advice... thanks
    • bradders1983
    • By bradders1983 9th Oct 17, 11:47 AM
    • 73 Posts
    • 15 Thanks
    bradders1983
    Been a few weeks since original post, if no-one has any answers does anyone know of any other sources of information, just need some advice... thanks
    Originally posted by PeteBunn
    The problem you probably have is you have been offered, in my mind, a very reasonable alternative. Is it actually 60 miles away or is that the maximum distance away it will be?
    • thefunkygibbon
    • By thefunkygibbon 9th Oct 17, 4:29 PM
    • 36 Posts
    • 5 Thanks
    thefunkygibbon
    Hi sorry if this has been asked before but we are at our wits end with this guy.

    I am considering filing a section 75 claim with my credit card company against a builder who has been dragging his feet and not meeting deadlines and has now been ignoring us over the past few weeks.

    We put down 30% deposit (about 4k out of the 16k total) and agreed to pay in a number of stages.
    He has completed a few of them: replaced a couple of roof windows, the front door, soffits & facias, guttering (although only half has been done).... which we have paid for those stages.
    The main part of the job is to replace our shabby old lean-to (polycarb planel roof and wood structure) with a more permanent conservatory structure. Over a month ago, he pulled the old one down and built a small wall and a brick base (which has also been paid for as part of stage payments). Annoyingly since the area is enclosed in a brick "enclosure" and there is no guttering on that side of the house (as that's supposed to be on the conservatory frame), it has basically meant that the whole thing becomes an unusable swimming pool for days after a bit of rain!! We have mentioned this many times as a concern but he says it shouldn't be a problem and he suggested he would come and put some temporary guttering up in the mean time...but that has not happened in the last month since we have been asking for it.
    So...so far, he has claimed that his first conservatory supplier let him down after we waited about a month for what should have been delivered in 4-5 days. He apparently placed the order with a different supplier who quoted the same turnaround but surprise surprise it wasn't delivered on the date which was promised to us
    He knew from the start that there was a deadline for this work being 22nd September as it was the date of a party for our baby and my wife's birthday. He agreed that since this was nearly 2 months off, it would def be done by then. It wasn't. At all. In fact we had to cancel the party as we don't have enough room to accommodate without the new lean-to and the amount of stuff that is piled up in other rooms etc in limbo ready to go into lean-to. We didn't even have the existing old one to use as that was taken down weeks prior. His "wife" emailed to say that he will come back to complete the job in 2.5 weeks time. That date is this today. We have messaged him to confirm all is ok a number of times over this past week but only just got an email this morning saying that he was going to the hospital this morning and will message us on his return. (the reason wife is in quotation marks is that we're not entirely convinced that she is the one emailing as she has the exact same lack of punctuation and spells certain words incorrectly as the builder guy does.. it sounds like him in a dress)
    So.... I'm not sure what we can do here. Cancel everything and leave us even more in limbo and have to pay for someone to make good on the stuff he has done? Claim with credit card company under section 75 as we paid deposit on card? I mean, the fact that we paid stage payments for the work that was completed I assume means we cannot claim that back? Can I only claim back the 4k deposit? I guess I can't claim for any compensation for him letting us down and not meeting deadlines and causing us to have to cancel plans?
    Any advice on how to deal with this situation would really be appreciated.
    No Links in Signatures by site rules - MSE Forum Team 2
    • Phil.durrant
    • By Phil.durrant 10th Oct 17, 5:51 PM
    • 1 Posts
    • 0 Thanks
    Phil.durrant
    Hi, we are currently on holiday in Mexico. Yesterday morning 12 police cars arrived and order everyone to back their bags and leave immediately. Looks like itís something to do with a land ownership dispute and the vote has been shut with immediate effect. We have been moved to a nearby hotel but nobody from our original hotel has yet come to speak to us! The alternative accommodation is vastly different from the hotel we booked so Iím trying to find out what my consumer rights are. Paid the holiday on my virgin atlantic Visa card. It was 50% at time of booking (made via booking.com) and then balance on arrival. Thanks.
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