Section 75 refunds - article discussion

judy7007

Was there any breach of contract by the company? Sounds to me more like a travel insurance policy claim. My understanding is that Section 75 claims are for breach of contract or misrepresentation.

Kris35

And it seems that as I paid via Paypal (who took the dosh off my Barclaycard), I'm not covered. Am thinking about the ombudsman route - anyone had any success with this?

Thanks,

Kris

phantom2008

Hi,


Last year I bought a product for £500, it never came. I was promised a refund but told it would take 28 days to process. During that 28 days, the company went bankrupt and I was left with nothing.


I did a section 75 refund and got my money back no worries.


Then a few months later I got a letter from the company or their solicitors saying there was some process going on and they were trying to get the money back.


This morning, I had a letter saying the company has been placed into compulsory liquidation by order of the court.


Does this effect my section 75 claim for goods I never received and was promised a refund for?


Bit worried here.

Kris35

Where it says this on this website: If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.

I just wondered if anyone had been denied a Section 75 refund from their credit card company because the payment went through Paypal?And if so, did you argue the above?

Anastacia_hausen

Hi Everyone, help needed please.

I bought a plane ticket in July from lastminute.com to travel next week. it just occurred to me today that only my middle name and last name is on ticket, so i rang British Airways to add my firstname to the ticket but BA says to contact the travel agent to make amendment and i will be denied entry if my name does not exactly match what is on my passport ie Firstname and Lastname

So i rang lastminute.com and the guy was very helpuful with looking into how it can be done, He came back to me after 3hrs saying British airways said they cannot amend the ticket because it has other the carriers on it( American Airline and Air lingus) and to contact each carrier to get this changed.

Airlingus says the name does not matter and i can travel, but American Airline says i cannot travel with just middle name and lastname and to contact BA because BA issued the ticket and BA are saying they cannot amend the ticket either. :(

Now the travel agent said he requested for the ticket to be cancelled and re-issued but British Airways refused saying its a non-refundable ticket , so now the travel agent tells me i have to purchase another ticket if i want to travel because non of the two airlines are willing to do anything and i will lose £450+.
Only refund i will get back is my a tax refund.

Will i be able to claim under section 75? and purchase another ticket??
Thanks in advance

judy7007

I'm not an expert, but first thoughts are 'was there a breach of contract on the part of any of the parties involved'? Section 75 claims, as I understand, relate to breach of contract or misrepresentation.

Anastacia_hausen

I checked the terms and conditions of carriage with BA and AA and for BA it says only EU members are able to make a name change, for AA, the travel agency has to make the name if the ticket was purchase via a travel agent.

In the terms and conditions of the ticket, its a non-refundable ticket and amendable according to the policies of the airline.

coopsjc21

Hello
Last year I purchased a new garden shed from an online retailer. Upon erecting the shes I found I had a series of problems with it, missing parts, damaged parts and it leaked in places.

I complained to the retailer who partially refunded me and also admitted (by email) that it should never have been sent to me in the condition that it was in.

Over the winter I found that it leaked considerably more than at first thought and I ended up having to re-clad it to stop the leaks, at considerable cost to myself (I didn't want it replaced at this stage because of the effort & expense already invested). I sent lots of photos as evidence to the retailer and contacted them again to ask for a full refund (seeing as the materials and labour came to as much as the shed itself) but they ignored me.

I contacted my credit card provider and claimed under section 75. However after a lengthy period of time they are now saying that I am not covered, because there is no proof that the faults are with the retailer. They suggested me paying an independent assessor to have a look and confirm who is at fault, but no local company was willing to do this (I contacted 5).

I have an email from the retailer admitting it shouldn't have been sent out, and I have photographic evidence of the faults. However Barclaycard are claiming these are all to do with the first complaint, where the retailer partially refunded me, however they are all connected, it is simply a case of over the winter the problem was worse than I initially thought.

They offered a small refund as a goodwill gesture, but nowhere near what it cost me to rectify the building faults. I refused that and escalated my conmplaint to their "level 2" team.

Any advice on how to proceed from here?

Thanks!

nicnaclilac

Thanks to money saving expert advice/letter template, I got my tickets refunded for a cancelled festival PLUS the cost of the hotel I had booked.
Result!
(Thanks also to my bank, Smile)

bylromarha

Hubby booked flight to Moscow, then an onward flight to Bangkok.

There was 6 hours between flights, so he was staying in transit. Easyjet at Gatwick refused to let him on the plane to Moscow as he didn't have a Russian visa. Prior to flying, he'd contacted the Russian embassy and the airport in Moscow who said he didn't need a visa as he wasn't leaving airside.

Able to claim under section 75? Already £1700 down as he had to rebook on the day - wish I'd booked him into business class on a direct flight at the time of booking - would have been cheaper!