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  • FIRST POST
    • OrsonCarte
    • By OrsonCarte 12th Sep 17, 10:03 AM
    • 8Posts
    • 0Thanks
    OrsonCarte
    Garage Refuses To Provide Invoice - Barclaycard Refuses To Assist Under Section 75
    • #1
    • 12th Sep 17, 10:03 AM
    Garage Refuses To Provide Invoice - Barclaycard Refuses To Assist Under Section 75 12th Sep 17 at 10:03 AM
    Hello,

    On August 1st, I took a newly-acquired secondhand Mercedes to a Mercedes mechanic in Larkfield, who was recommended on the Mercedes forums, to investigate a vibration problem.

    Upon collecting the car a couple of days later, the proprietor told me that the shock absorbers needed to be replaced at a cost of several thousand pounds. I said that I would think about it. He then requested £150 for the 'work' that he had done on the car. I paid him with my Barclaycard and he said that he would have an invoice emailed to me as soon as his assistant returned from lunch. I specifically requested that he should itemise the problems that he had discovered so that I could discuss them with the dealer from whom I had recently purchased the car. He assured me that he would do so.

    To cut a long story short, the invoice never arrived despite several subsequent unanswered telephone calls, many emails and a (delivered) signed-for registered letter.

    It would appear that he has simply pocketed my £150.

    It subsequently turned out that the vibration problem was actually the result of the rear wheels being out of balance. I had them rebalanced at a cost of £20 and the problem has completely disappeared.

    I contacted Barclaycard to recover the money under section 75 of the Consumer Credit Act 1974 because clearly no service had been provided.

    Barclaycard has refused to assist because I am unable to produce an invoice. They replied:

    Without an invoice/contract, Barclaycard are not able to establish a valid Debtor- Creditor-Supplier agreement in order to accept your claim under Section 75........etc., etc.

    Can it really be that easy for the garage to cynically rip me off and get away scot-free?

    Any advice would really be appreciated.

    Many thanks,
    Kevin
Page 2
    • glentoran99
    • By glentoran99 4th Oct 17, 6:03 PM
    • 4,706 Posts
    • 3,725 Thanks
    glentoran99
    Yes, that is correct. An invoice is only mandatory if both parties are VAT registered.

    Your point is well made, unholyangel, but do I really want to take on Barclaycard for the sake of fifty quid? I realise that there is possibly a point of principle at stake here but I don't have pockets deep enough to pursue it.

    Furthermore, as I mentioned above, both the Financial Ombudsman and Barclaycard appear to be pretty sure that Barclaycard's position is correct. Barclaycard must surely have come up against this situation before now and I would be surprised if they would respond thus if they hadn't already consulted their legal department..

    I have searched in depth for any legal or other actions that have tested the point without success.

    Good luck to whoever wants to take on Barclaycard over Section 75 as they must be experts by now. I would suggest that the lesson to be taken from this is never to hand over your credit card before getting an invoice. Otherwise, you will simply be running an unnecessary risk.
    Originally posted by OrsonCarte


    Similar story here


    http://www.consumeractiongroup.co.uk/forum/showthread.php?475772-Section-75-Consumer-Credit-Act-Paid-on-credit-card-but-lost-original-invoice
    • OrsonCarte
    • By OrsonCarte 4th Oct 17, 6:15 PM
    • 8 Posts
    • 0 Thanks
    OrsonCarte
    I initially looked at chargeback but it is more applicable to transactions of less than £100. Furthermore, it is a voluntary scheme and the merchant's bank is under no legal obligation to claw their client's money back for me if they don't feel like it. In this case Section 75 was definitely the way to go.
    Last edited by OrsonCarte; 04-10-2017 at 6:21 PM.
    • OrsonCarte
    • By OrsonCarte 4th Oct 17, 6:21 PM
    • 8 Posts
    • 0 Thanks
    OrsonCarte
    Very interesting. Thank you. Deja vu all over again.
    • unholyangel
    • By unholyangel 4th Oct 17, 6:26 PM
    • 11,396 Posts
    • 8,565 Thanks
    unholyangel
    Yes, that is correct. An invoice is only mandatory if both parties are VAT registered.

    Your point is well made, unholyangel, but do I really want to take on Barclaycard for the sake of fifty quid? I realise that there is possibly a point of principle at stake here but I don't have pockets deep enough to pursue it.

    Furthermore, as I mentioned above, both the Financial Ombudsman and Barclaycard appear to be pretty sure that Barclaycard's position is correct. Barclaycard must surely have come up against this situation before now and I would be surprised if they would respond thus if they hadn't already consulted their legal department..

    I have searched in depth for any legal or other actions that have tested the point without success.

    Good luck to whoever wants to take on Barclaycard over Section 75 as they must be experts by now. I would suggest that the lesson to be taken from this is never to hand over your credit card before getting an invoice. Otherwise, you will simply be running an unnecessary risk.
    Originally posted by OrsonCarte

    You may find that the FoS worker is simply going off the banks policy - they are largely just like call centre workers, following a script/trained in company procedure but they are not legally trained (never mind familiar with all the various applicable laws). We had a poster here asking for help a few months back, the ombudsman (FoS) caseworker rejected their claim on some absurd grounds (absurd because it completely contradicted the law). However he appealed it, at which point an actual ombudsman reviewed it and his complaint was upheld.

    It shouldn't be like that though - needing to have a comprehensive understanding of the law in order to know their response is wrong/should be challenged.
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