Section 75 refunds - article discussion

batesy36

I booked a holiday with Cottages4u and couldn't make a claim on section 75 on my Barclaycard because they are a third party, is this really fair, as most holiday travel agents are I guess a third party, so what protection does this offer to us as the consumer-none! also what if you purchase something on Amazon for example, which is not an Amazon product, I presume that also negates you being covered by section 75 if you have used your credit card, and yet most advice to us as a consumer is to always use your credit card when purchasing over the internet!

Roosterrs

I am in the process of a claim against my credit card.(MasterCard)
The claim is quite large over £4500. I didn't find until out yesterday that they have taken me down the Chargeback route instead of a section 75. They say if the chargeback fails I have no other options and can't claim again and would have to go through legal proceedings. Can I not go down the section 75 route if the chargeback doesn't work?
I have provided reports regarding the issue but its from a sole trader so has no letter headed paper and they are saying that the report could have been written by anyone. I can understand this but it wasn't and the guy has been trained and has worked in his industry for a long time. How can a prove the sole trader is a professional in his business.
Any help gratefully received.

Crabman

Roosterrs wrote: »

I am in the process of a claim against my credit card.(MasterCard)
The claim is quite large over £4500. I didn't find until out yesterday that they have taken me down the Chargeback route instead of a section 75. They say if the chargeback fails I have no other options and can't claim again and would have to go through legal proceedings. Can I not go down the section 75 route if the chargeback doesn't work?
I have provided reports regarding the issue but its from a sole trader so has no letter headed paper and they are saying that the report could have been written by anyone. I can understand this but it wasn't and the guy has been trained and has worked in his industry for a long time. How can a prove the sole trader is a professional in his business.
Any help gratefully received.

If you can get testimonies from other customers (perhaps whoever recommended his services) to prove that they view him in the same way you do, that may help.

It's difficult without knowing the industry, but you could speak with your local council's trading standards as they often have registers or lists of local tradesmen who they check have public liability insurance. That would be additional evidence.

Regarding the report on paper without a letterhead, this is a flimsy point of contention from the credit provider. Again if you can find another customer and show that their documents match yours then that would be additional evidence. This point is so ridiculous, it suggests that if you had fraudulently created a letterhead that looked professional and submitted that, they'd have accepted it without questions because it looked good. :rotfl:

I had a four-figure S75 claim with a credit provider and can confirm they will break the FCA's rule about treating customers fairly if it means they can avoid paying out. Just because they're regulated doesn't mean they're going to treat customers fairly - they'll act like absolute idiots, be less than truthful and will deliberately delay correspondence if it means they have a better chance of the customer losing interest and dropping the claim.

May be helpful to be firm with them and say you will be making a Section 75 claim in the event the chargeback fails for any reason.

This article may help if you've not already seen it:

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

holygamer

I have bought 8 hard drives costing £200 each from an online store. Within 14 months they have developed faults where they disconnect or lose data. The hard drive manufacturer will only give me replacements which I don't want as it's very likely I'll get the same problems again. Can I get a refund via Section 75?

Rainbowgirl84

holygamer wrote: »

I have bought 8 hard drives costing £200 each from an online store. Within 14 months they have developed faults where they disconnect or lose data. The hard drive manufacturer will only give me replacements which I don't want as it's very likely I'll get the same problems again. Can I get a refund via Section 75?

No, you are entitled to a repair, refund or replacement. You can express a preference but ultimately it's down to the seller to chose what the remedy is. Hopefully they will have done something to resolve the issue with the hard drives.

holygamer

So you can only get a section 75 refund if the goods were faulty when purchased, is that correct?

samwardill

holygamer wrote: »

So you can only get a section 75 refund if the goods were faulty when purchased, is that correct?

Your rights relate to the Consumer Rights Act 2015. You can only demand a refund over a repair / replacement in 1st 30 days. If 1st repair/ replacement is unsuccessful you can then demand a refund.

Another issue is that, if fault occurs 6 months after purchase, the onus is on you to prove it was there at the time of manufacture.

warmasice

I had Lloyds Bank pay me £970 for a faulty Samsung TV. Problems with its mainboard/capacitors. Had to have an independent report to verify faulty mainboard.

Lloyds tried to pay me £400 at first, they then upped the figure to £600. After a drawn out back and forth chess match they offered £970 as a firm and final offer. I accepted, but the whole process took a long time - lots of chasing up. They definitely drag their feet. Playing the 'nicey nicey' game didn't work, so after a couple of months.. firm words seemed in order and got the ball rolling - slowly but surely. They continually made excuses and false promises. Not nice when you have no TV for so long. Got there in the end though.

Just for info: They wanted the faulty TV back which is fair enough.

Matyyee

My sister has been caught up in the Lowcostholidays mess. She paid £400 deposit for her £2000 family holiday by TSB credit card.


Now she is trying to claim the full cost of her trip via s75 but TSB told her that they are only accepting claims by telephone, so she can't use the excellent template downloaded from this site, and also they will only refund the £400 deposit paid by the credit card "if they refund at all." They (TSB) are also claiming to have no record of her payment being made on her card.


Does anyone know if TSB are allowed to do this? She saved hard for her first holiday in a good while - a jar of £2 coins - and now it has all been snatched away from her. Surely if she makes a s75 claim the credit card company has to treat it as such instead of doing what is cheapest for themselves.


Is anyone else having similar problems when making s75 to get a refund. Does anyone have any idea what she can do to get TSB to treat her fairly? She paid the deposit by credit card. Lowcostholidays went bust, stole her hard earned cash and ruined her holiday plans. Any ideas what else she can say to TSB?


Many thanks to anyone who can help.


cheers


M

JimmyTheWig

Matyyee wrote: »

My sister has been caught up in the Lowcostholidays mess. She paid £400 deposit for her £2000 family holiday by TSB credit card.


Now she is trying to claim the full cost of her trip via s75 but TSB told her that they are only accepting claims by telephone, so she can't use the excellent template downloaded from this site,

How big a deal is that for her?
I don't see why they shouldn't accept claims by post, so if this is vitally important to your sister, then she should stop at this point and make a complaint.

and also they will only refund the £400 deposit paid by the credit card

Has she paid the balance by some other means yet? Do TSB know this?
Are they processing it as a Section 75 claim? If not, that's what she needs to get them to do.
If they refuse then she needs to put in a complaint about this.

"if they refund at all."

They won't refund if they find that your sister didn't make the payment. They won't refund if your sister later cancelled the holiday herself. Etc.

They (TSB) are also claiming to have no record of her payment being made on her card.

Does your sister have some sort of proof (e.g. statement) that the payment was made?
Will TSB accept that? If not, she needs to make a complaint about this.

Surely if she makes a s75 claim the credit card company has to treat it as such instead of doing what is cheapest for themselves.

If there is a better route then no reason not to go down it.
In this case, if your sister has paid the full amount of the holiday by other means then she needs it to be an s75 claim.


If TSB don't play ball then she needs to make a complaint.
If the complaint doesn't work then she can take it to the ombudsman. But she needs to have gone through the full complaints procedure first.

From what you've said and implied, your sister is entitled a full refund. The people on the end of the phone might not understand this. The people dealing with a complaint should have a better understanding, but if they too get it wrong then the ombudsman should put it right.