Section 75 refunds - article discussion

section75guy

Hi,

Within the article on MSE about Section 75 it states:

'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.'

Does anyone know which case this was so I can reference it? Also, has anyone successfully argued this with a credit card company.

Thanks

MattyG146

3 months ago we booked flights to the U.S (Manchester --> Chicago --> San Antonio) and return, for February 2015, to attend a family wedding. These were booked through Holiday Genie and with American Airlines. This route was chosen as it was the best times/shortest overall journey time. 6 weeks ago, we were notified by Holiday Genie that the 1st leg of the flight to Chicago was no longer operating, so we were intially offered an alternative that didn't even make sense (Manchester -->New York, but then Chicago --> San Antonio). The next alternative offered was through Philadelphia. The outward journey is ok, but the return journey involves an 8 1/2 wait in Philadelphia. Therefore, we have requested a full refund from Holiday Genie, on the grounds this wait being too long for our 2 young children (4 and 18 months). We are currently waiting a decision on this (advised takes 6-8 weeks). If we are refused, can we make a Section 75 claim through our credit card company (as this was the payment method), or can we do that before a decision from Holiday Genie?

JimmyTheWig

I underatand that if you pay for something in part with a credit card you are covered for the full amount from that credit card company.
Does anyone know what happens if you pay for something in part with two different credit cards? Are you still covered for the full amount from both card companies (i.e. you can choose which one you pursue) or will they try to wriggle out of it and get you to claim against the other (who will, also no doubt, so the same)?

littlefatninja

JimmyTheWig wrote: »

I underatand that if you pay for something in part with a credit card you are covered for the full amount from that credit card company.
Does anyone know what happens if you pay for something in part with two different credit cards? Are you still covered for the full amount from both card companies (i.e. you can choose which one you pursue) or will they try to wriggle out of it and get you to claim against the other (who will, also no doubt, so the same)?

You can hold each credit card company liable or just the one. It would be easier if you sent them both a claim for 50% as it would save them time and effort in writing to you for confirmation you are claiming the other 50% from the other bank.

JimmyTheWig

Thanks littlefatninja.
I don't suppose you know where in the rules it tells you that they are both liable, do you?

Hope2Help

I SUCCESSFULLY GOT ALL MY MONEY BACK AND WISH TO SHARE SOME TIPS TO HELP OTHERS.

If your credit card issuer is denying your Section 75 claim on the grounds that the money went to PayPal and not the supplier, I recommend googling the following two links (MSE won't let me put the links here directly):

- Conrad Meehan's excellent blog entry called 'eMoney and s.75: Am I covered?'

- 'Home Affairs Committee
Written evidence submitted by Paul Miloseski-Reid'. Paul is a Trading Standards Officer; jump to the Redress After Scams section.

Note that, even though I used a credit card and thought Section 75 was the best way to recoup money for goods not delivered, I actually ended up getting my money back via Chargeback. You may be better off doing the same. See MSE's website for details on Chargeback.

Good luck!

derrick

JimmyTheWig wrote: »

Thanks littlefatninja.
I don't suppose you know where in the rules it tells you that they are both liable, do you?

Financial Ombudsman Service


UKCARDS Association




.

alanlycett

18 months ago I purchased a Hyundai New Generation Santa fe for just over £30,000. I paid nearly a £1000 deposit by credit card. Since the date of my purchase I've encountered many problems with the vehicle whilst towing my caravan (the Hyundai dealership actually supplied and fitted the tow bar). I've involved the Basildon Hyundai dealership from whom I purchased the car, Chelmsford Hyundai (since Basildon buried its head in the sand over my complaint), Hyundai Customer Services, Hyundai Head Office and Witter Towbars as it made the tow bar that was supplied and fitted. After 4 tow bars and many visits to Hyundai dealerships and other professionals I'm still no better off. Having read the MSE website about refunds under Section 75 of the CCA I discover that I can't make a claim for a refund for tis faulty vehicle as its cash price (even excluding extras such as road fund, paint protection, colour option etc) is above the £30000 limit. I'm now really getting desperate to resolve this issue. Can anyone advise please? Alan Lycett

zAndy1

Back in May I ordered a Sony KD65X9005A TV, the cost was £3100 , I paid a deposit of £300 and the rest was on finance buy now pay 12 months later so the balance is due in May next year. The TV was delivered on the 2nd May and was faulty on delivery with a pink splodge at the bottom of the screen. The retailer replaced it no questions asked and the new one was delivered on the the 9th May and was ok. Fast forward 5 months and the 2nd TV developed a fault which I reported to Sony technical support who sent someone from the local service centre who confirmed said fault and said they would be in touch when the required part (new screen) was available. A few days later they rang me to say the part was no longer available and they would be replacing the TV instead. 4 or 5 days later they delivered a brand new KD65X9005B which is the 2014 equivalent model of the one I originally bought which was a 2013 model. Straightaway I noticed a problem with the replacement they had provided in that the left and right of the picture were a lot brighter than the rest of the screen. I reported it to the service centre who asked me to send some pictures of the problem to them which I did, they confirmed it didn't look right and ordered another replacement, that replacement was delivered on Monday this week (3/11) and suffers from the same problem. The bloke that delivered it from the service centre set the new TV up and checked it with me and agreed that it's not right and said in his opinion the best option now was to try and get a refund. And that's where the fun starts... The retailer is saying they need an uplift authorisation number from Sony in order to give me a refund, Sony are saying they don't provide uplift numbers they only deal with repairs and exchanges and that the retailer has to get an uplift authorisation from their distributor, the retailer is adamant i have to get an uplift number from Sony. Pacifica who are the company that the service centre deals with on behalf of Sony are saying a refund needs to come from the retailer, basically I'm getting nowhere. To summarise I've had 4 TVs in 6 months, the retailer supplied the first 2 both of which proved faulty and Sony / Pacifica have supplied 2 replacements both of which the service centre agree haven't been acceptable. The TV was bought on finance apart from a 10% deposit. Please can somebody advise me what my options are as far as being a refund is concerned, would section 75 be my best option here?

Thanks

tomtontom

https://forums.moneysavingexpert.com/discussion/5108978