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    • benregis
    • By benregis 21st Sep 16, 9:32 AM
    • 6Posts
    • 1Thanks
    benregis
    Section 75. Part paid by debit card
    • #1
    • 21st Sep 16, 9:32 AM
    Section 75. Part paid by debit card 21st Sep 16 at 9:32 AM
    Hello all,
    Apologies if this has already been answered elsewhere, but I haven't been able to find it. I'm claiming against my credit card company under Section 75 after buying a car that turned out to have major problems, and a garage that was unhelpful (actually useless and evasive would be a better description!).

    At the time I purchased the car I paid £500 on my credit card, and £800 on my debit card. The credit card company are saying they are only liable for the £500 that went on the credit card. I know that if I'd paid cash for the balance the credit card company should be liable for the whole. Is there a difference because I used my debit card instead?

    Thanks for any advice.
Page 1
    • naedanger
    • By naedanger 21st Sep 16, 9:42 AM
    • 1,661 Posts
    • 1,262 Thanks
    naedanger
    • #2
    • 21st Sep 16, 9:42 AM
    • #2
    • 21st Sep 16, 9:42 AM
    I know that if I'd paid cash for the balance the credit card company should be liable for the whole. Is there a difference because I used my debit card instead?
    Originally posted by benregis
    No difference. If there was then the following article would warn against using a debit card to pay any balance.

    http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

    Sounds like you need to formally complain about their failure to treat you fairly (by misleading you about your rights). And if they don't pay the full amount complain to FOS if necessary.
    • shaun from Africa
    • By shaun from Africa 21st Sep 16, 9:49 AM
    • 8,459 Posts
    • 9,498 Thanks
    shaun from Africa
    • #3
    • 21st Sep 16, 9:49 AM
    • #3
    • 21st Sep 16, 9:49 AM
    Following on from naedanger's advice, this is how the Financial ombudsman look at it:

    http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

    Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act. If they do, then they have a like claim against the card provider for the full amount of the claim.

    The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit.

    So, for example, a customer who pays a deposit for goods - using a credit card issued by firm A - and then pays the balance using firm B's card, has the choice of claiming for the cost of goods and any consequental losses against:
    the supplier of the goods;
    firm A;
    firm B; or
    all three.
    • benregis
    • By benregis 21st Sep 16, 10:00 AM
    • 6 Posts
    • 1 Thanks
    benregis
    • #4
    • 21st Sep 16, 10:00 AM
    • #4
    • 21st Sep 16, 10:00 AM
    Thanks both. That confirms what I thought. Am going to be having a conversation with the credit card company shortly about the claim, so wanted to make sure I was on firm ground in what I believed.
    • nomoneytoday
    • By nomoneytoday 21st Sep 16, 3:53 PM
    • 4,649 Posts
    • 2,796 Thanks
    nomoneytoday
    • #5
    • 21st Sep 16, 3:53 PM
    • #5
    • 21st Sep 16, 3:53 PM
    Would a £1300 car really be expected to be free of issues at that price point?
    • mije1983
    • By mije1983 21st Sep 16, 3:56 PM
    • 2,004 Posts
    • 16,589 Thanks
    mije1983
    • #6
    • 21st Sep 16, 3:56 PM
    • #6
    • 21st Sep 16, 3:56 PM
    Would a £1300 car really be expected to be free of issues at that price point?
    Originally posted by nomoneytoday

    I suppose it depends what the issues are/were.

    • shibiddy
    • By shibiddy 22nd Sep 16, 3:42 PM
    • 14 Posts
    • 4 Thanks
    shibiddy
    • #7
    • 22nd Sep 16, 3:42 PM
    • #7
    • 22nd Sep 16, 3:42 PM
    I made a thread regarding section 75 and a faulty car I managed to claim back costs incurred to repair the vehicle. The credit card company tried to argue many reasons that I was not due a refund on the repairs, I suggest you call citizens advice bureau and you will get one of the members there to argue your case for you like i did good luck
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