Section 75 refunds - article discussion

JimmyTheWig

The liquidation isn't an issue, kljones. That's a common reason for making a section 75 claim.

My only concern is that the company you paid was some sort of middleman, but I think in this case you are ok. Had it have been the villa owner who went bust after the company paid them then (from my understanding) you wouldn't have got section 75 as the company you paid by credit card did what they said they would do. But here they haven't done what they said, so you should be able to claim from them - and by extension make a section 75 claim on your credit card.

Southend65

Many thanks for the advice and guidance.

I'm raised a Section 75 claim with Tesco and will advise the outcome once known.

wealdroam

Southend65 wrote: »

The bike shop are just referring me to the manufacturer (Giant) and Giant are basically saying "tough cookie - the warranty on the paintwork is 12 months", so I've reached a bit of an impasse.

You really need to read MSE's Consumer Rights guide.

Here is just one short extract:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with it.

You will also notice in there that you have up to six years to seek a remedy from the seller.

Alilove_2

Hi. Looking for some help here. Last Thursday, I purchased garden furniture online from the onlinegardenoutlet.co.uk. Website seemed legit, payment was through Skrill (secure payment site), I paid by credit card. After payment, I received a receipt from Skrill but I gave heard nothing from the company.

I have phoned, turns out they are in Bulgaria but there is no answer every time I call. I have tried to contact them through the "Contact Us" message box on their website. I have send emails. No answer from anyone.
I have now contacted Santander to submit a Section 75 claim but where does that sit, if I pay with Skrill. Surely, if you are encouraged to pay securely, I am still covered and will get my money back ?

I would really appreciate your help.

Thanks

Alison x

rabialiones

does section 75 cover items/services bought for someone else?

JimmyTheWig

Alilove wrote: »

I have now contacted Santander to submit a Section 75 claim but where does that sit, if I pay with Skrill.

See what Santander says, but I think you're on thin ice. If Skrill fails to do what they should do then you can claim from Santander as equally liable. But assuming that Skrill passed the money on correctly then they are in the clear.

Surely, if you are encouraged to pay securely, I am still covered and will get my money back ?

I don't have a Skrill account so don't know, but do they have a policy (like Paypal does) where if you pay via them and don't receive your goods you can claim back the money from them? If so, this might help here.
Seeing as you've already started the ball rolling with Santander it may be best to let them deal with it if they will but probably best to check the terms with Skrill in case you have to report issues within a certain timeframe.

JimmyTheWig

rabialiones wrote: »

does section 75 cover items/services bought for someone else?

Not the same scenario, but this, from the MSE article, sort of suggests that it's not covered...

If you have an additional card for a partner, child or friend and this card is used to make a payment for a item you subsequently need to claim for, you'll need to show the item/service provides some benefit to the primary cardholder to be covered.
So if it was a family car or gift for the main cardholder, this is likely to be OK. But a solo flight for the additional cardholder wouldn't be.

Three_Wheels_on_my_Wagon

I brought a mattress from an independent high st retailer 12 days ago it was delivered 10 days ago. I find it very uncomfortable to sleep on. I would like to return it to the shop for a refund but looking at my receipt I see no mention of refund policy.

If they refuse on the grounds that there is nothing wrong with it what would be the chance if approaching the cc company.

AS far as I'm concerned its not fit for the purpose I brought it for but the shop may disagree.

JimmyTheWig

Three_Wheels_on_my_Wagon wrote: »

I brought a mattress from an independent high st retailer 12 days ago it was delivered 10 days ago. I find it very uncomfortable to sleep on. I would like to return it to the shop for a refund but looking at my receipt I see no mention of refund policy.

If they refuse on the grounds that there is nothing wrong with it what would be the chance if approaching the cc company.

AS far as I'm concerned its not fit for the purpose I brought it for but the shop may disagree.

If the shop may disagree then the credit card company may also disagree.
I'd say try the shop first and if you have no joy then try the credit card company.

Majordude

I bought a new VW Golf in December 2010 with an EU189 engine with the emission software fix & have requested a refund from VW as it was sold to me under false pretences. As I paid with a Play (MBNA) credit card am I entitled to make a Section 75 claim?