Section 75 refunds - article discussion

LiquidStool

I have a question.

I'm about to spend £3k on a tv. The seller advertises an extended warranty for breakdown for 5 years at a cost of £200.

Now, i don't want to pay £200 for something that other companies are including for free so assume that i don't buy the warranty but have paid for the tv on my credit card, could i use section 75 if for instance the tv developed a fault after say 3 years? (The seller includes a 1 year manufacturers warranty but am i not covered for 2 years as standard under EU law?)

Could one not reasonably expect a £3k tv not to break down before 5 years anyway? If it did, could i not argue that it was not fit for purpose?

Thanks

kingkhan9

Hello Help needed...2 years back I purchased a camera from Currys online. I used creditcard to make the payment. Obviously it came up with one year warranty and the warranty is completed now. After 2 years it developed a fault and now it is not in working situation. Generally am I eligible to claim under Section 75 rule for this. Will the Credit card ask me why you did not rectify when there was a warranty available.
On the other note, I also got a feeling that they sold me a display piece. I emailed them within first 3 months and they told me that we can repair, but cannot refund. But to be honest, there is nothing to repair in general if I am telling them that you sold me a used piece. So I didn't bother going for repair option
Can you suggest me how to proceed with this claim? Am I eligible to claim under Section 75 grounds

JimmyTheWig

kingkhan9 wrote: »

Hello Help needed...2 years back I purchased a camera from Currys online. I used creditcard to make the payment.
...
Generally am I eligible to claim under Section 75 rule for this.

Generally speaking, if you paid over £100 then yes you can make a Section 75 claim as the credit card company is equally liable as the store.

Will the Credit card ask me why you did not rectify when there was a warranty available.

I'm sure they will ask you plenty of questions. I can't see them just giving money away for the fun of it.
If they ask that specific question that's fine as you have a valid answer - it didn't develop a fault when there was warranty available.

Note that you don't really get any extra benefits from the credit card company. All this is really useful for is if the store goes bust or are being particularly unreasonable.
If it is deemed reasonable that the camera only lasted two years then the credit card company are under no obligation to do anything about it.

On the other note, I also got a feeling that they sold me a display piece. I emailed them within first 3 months and they told me that we can repair, but cannot refund.

I can't imagine the credit card company doing anything about this 21 months later.
But, again, you have the same rights with the credit card company as you do with the store. So you are allowed to make a Section 75 claim. Whether it is successful or not will depend on a great many things.
If the store is in business and are entering into a dialogue with you then I don't see you getting anything better from the credit card company.

kingkhan9

JimmyTheWig wrote: »

Generally speaking, if you paid over £100 then yes you can make a Section 75 claim as the credit card company is equally liable as the store.


I'm sure they will ask you plenty of questions. I can't see them just giving money away for the fun of it.
If they ask that specific question that's fine as you have a valid answer - it didn't develop a fault when there was warranty available.

Note that you don't really get any extra benefits from the credit card company. All this is really useful for is if the store goes bust or are being particularly unreasonable.
If it is deemed reasonable that the camera only lasted two years then the credit card company are under no obligation to do anything about it.



I can't imagine the credit card company doing anything about this 21 months later.
But, again, you have the same rights with the credit card company as you do with the store. So you are allowed to make a Section 75 claim. Whether it is successful or not will depend on a great many things.
If the store is in business and are entering into a dialogue with you then I don't see you getting anything better from the credit card company.

Thanks for your reply. I cannot imagine how they can tell that the camera is only deemed to be lasted for 2 years. Also I feel that just because they told me it is fine, I lived with it. Only thing I believe unreasonable was, they must have sold me a used piece. But otherwise, I don't have any other objections

JimmyTheWig

kingkhan9 wrote: »

I cannot imagine how they can tell that the camera is only deemed to be lasted for 2 years.

I'm not saying that it is reasonable. I'm not saying that they will deem it reasonable. I'm just saying that if it is seen to be reasonable then whether you claim from the store or the credit card company then it's not looking good.

Also I feel that just because they told me it is fine, I lived with it.

Not quite sure what you mean here. What did they tell you was fine?

Only thing I believe unreasonable was, they must have sold me a used piece.

Firstly this is going to be hard to prove now that two years ago it was used.
Secondly you will probably be seen as having accepted it when you first believed it was used.
So not sure you'll get far with this.

parker137

Can someone please assist me?
I booked a one way flight with lovely Ryanair inbound from Paphos to Manchester. Outbound flight was booked with Easyjet. A few weeks after booking I had an email from Ryanair advising they are no longer flying the route. I clicked on the link for a full refund. The cost of the flights were £509, (euros 649). No the refund through my bank Santander credit was £474. I contacted Ryanair who advised they have refunded me in full in pounds. Called Santander who placed a dispute. Dispute came back saying they could not help and I was to go back to Ryanair. I emailed Ryanair banks statement along with original booking and an email saying they refunded EUROS 509 Incase they refunded wrongly. I now have had a reply from Ryanair with a pdf file saying they refunded they took they amount and refunded in pounds. I called the bank yet again they said they have to contact their back office and get a full explanation as to why the dispute was rejected which could take 10 days. I asked can I not put through a section 75 claim? Can't do anything else with the bank until I hear back from their back office. I paid by Visa debit..... this should still offer protection should it not? I am getting no where with the bank or Ryanair. I simply thought the mistake could have been to do with the rate of exchange. So through no fault of my own my flights were cancelled and I have been left with a £35 shortfall. Help would be greatly appreciated.

JimmyTheWig

parker137 wrote: »

I asked can I not put through a section 75 claim? Can't do anything else with the bank until I hear back from their back office. I paid by Visa debit..... this should still offer protection should it not?

It does still offer protection, but not Section 75 protection.
It offers "chargeback", which isn't as strong as Section 75.
See http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback.

Sounds like just an admin error at Ryanair's end.

parker137

Thanks JimmyTheWig. I will have a look at the link now you have posted. I have yet again emailed Ryanair. Problem is as you are probably already aware you never get the same person and everything has to be emailed!!!! So wish I could speak to a "normal" person.

boypacer

Hi there, I wonder if I could pick your brains. I bought a years' web hosting with Moonfruit.com for £135 on 29th October. They have had some attacks on their servers which put everyone's website out of action repeatedly, and I'm not happy with the way they handle it, so I want to find someone more reliable. I've asked for a refund but seeing as it's after their 30 days refund window, they don't want to know. Their terms and conditions expertly dodge any responsibility for anything, there's no service standards to pull them up on.

I paid by credit card so rang the card provider, Co-op Bank, to ask about putting in a Section 75 claim. They said because the web hosting worked when I first signed up, it was a quality issue, and 'they have no chargeback capacity for quality'. The MSE page on Chargeback says that quality is a possible use, but I was asking them about Section 75.

What do people think I'd be best doing? Sending them a Section 75 claim letter using the template, and if that doesn't work try the chargeback one?

Many thanks for your help.

JOHNT

Hi, just after some advice, I bought a 3 piece sofa from Sofaworks in November 2013 it came with a lifetime guarantee on the mechanism. Part of this has now gone wrong they are trying to charge me £47.00 to come out and look at it or I can send them photos at no cost, I feel I have no option here. But I do feel that they will try and say it is wear and tear and try to get away with it. I feel this after reading so many reviews were this as happened. I am paying on credit with Cration Credit and the total cost will be £1800.00 I also paid a deposit od £200.00 on my credit card. If they say it is wear and tear what are my options. Thanks.