Section 75 refunds - article discussion

Buffievent

HELP! I have bought a second hand car and due to my (idiot) husband not knowing his pin for his credit card, we asked our friend who was with us to purchase the car on his credit card(s).

He put £3,900 over two cards but now we are having serious issues with the car (we bought it on the 24th July). We have emailed the dealer but he has already misrepresented the car and said it had a tow bar and electrics which it didn't. We managed to get him to pay for those but I doubt he will pay the £2,000 that is needed.

I will take him to small claims court to rectify the misrep (he claimed it was serviced but it hasn't been and had it have been looked at the handbrake issue and the oil leak would have been found).

Would we/our friend have protection under s.75 ? I know it is a long shot but please advise.

Thanks in advance,

Louise

JimmyTheWig

Billlew55 wrote: »

I paid for my Hire & Reward Taxi Insurance to my Insurance Broker in 2 instalments both on Barclaycard Visa

I believe Section 75 is a consumer protection, and business transactions aren't covered.

stressed_and_confused

We're currently in a dispute over a broken contract and poor quality for some built in furniture we ordered.
Summary is that they installed the first part, quality, workmanship etc was very poor, not what we paid for and they didn't provide what was ordered. Plenty of lies told to get out of issues.

Relations between us broke down, we don't trust this man as far as we could thrown him, so We cancelled the second part of the order (completely seperate item but ordered at the same time).
They agreed to a refund but now it's turned up they have made alsorts of deductions which aren't relevant and won't stand up in court.

We want to proceed down the section 75 route for both items however we would like to know if cashing the chq for the partial refund will prejudice the result at all?

Does anyone have any clue?
Thanks

sb22090

Good afternoon.

I am planning on purchasing a car with a price that falls in the section 75 band. If I pay for the deposit over the phone, would I still be entitled to claim under section 75? It is a 100 miles round trip to the dealership and I do not fancy a drive there just to leave a deposit.

Many thanks in advance for your feedback.
Sylvain

derrick

sb22090 wrote: »

Good afternoon.

I am planning on purchasing a car with a price that falls in the section 75 band. If I pay for the deposit over the phone, would I still be entitled to claim under section 75? It is a 100 miles round trip to the dealership and I do not fancy a drive there just to leave a deposit.

Many thanks in advance for your feedback.
Sylvain

S75 covers purchases between £100 - 30000 and ANY of the amount paid on a credit card means ALL of the purchase is covered under S75.

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sb22090

derrick wrote: »

S75 covers purchases between £100 - 30000 and ANY of the amount paid on a credit card means ALL of the purchase is covered under S75.

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So that works even if the deposit was payed over the phone using my credit card ? Thanks Derrick!

derrick

sb22090 wrote: »

So that works even if the deposit was payed over the phone using my credit card ? Thanks Derrick!

It doesn't matter how/where it was paid the fact the CC was used fulfills the requirement.

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sb22090

derrick wrote: »

It doesn't matter how/where it was paid the fact the CC was used fulfills the requirement.

.

Brilliant thank you Derrick!

RishyBoombastic

This is my first post (although I have been a fan of MSE for many years). Thanks in advance!

I am looking at buying a phone from o2 and want to buy it outright. The manufacturer is Chinese and hence I want s75 protection and to buy through o2 just in case anything goes wrong. That way I have recourse against the retailer, manufacturer and credit provider.

The issue is that due to the phone's popularity, o2 have stopped selling it on pay as you go and you can instead buy it on a conventional pay monthly, or a Refresh plan which is basically 2 contracts which are separate but sold alongside each other:

1) A device plan, which is a "Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974" , although you have the choice to pay the full price up front and effectively not have taken any credit. This can be cancelled within 14 days and you either return the device or pay for it in full. As a new user I can't post the hyperlink, sorry.
static.o2.co.uk/www/docs/termsandconditions/device-plan-cca-tcs-updated-with-new-phone-numbers-13-june-2014.pdf
2) Airtime plan, monthly direct debit, which can be cancelled within 14 days. Upon cancellation, the amount outstanding under the device plan becomes payable or you can cancel the device plan too.
o2.co.uk/termsandconditions/mobile/our-latest-pay-monthly-mobile-agreement

To get around this issue of not being able to buy outright on pay as you go, I would sign up to this and then cancel the Airtime plan, having already paid the upfront cost on the Device plan via my credit card. Some one on Facebook said they did this which gave me the idea to research. I've read the T&Cs on o2's website and it is within the terms.

My technical question is... by buying the phone via this fixed sum loan agreement, for which no credit is actually given, and then cancelling the credit agreement and paying for the phone, am I forfeiting s75 protection?

Does the link break when you have [credit card provider] > [credit provider] > [supplier] > [manufacturer]? I think the credit provider and supplier are legally the same entity (Telefonica UK Limited (trading as O2)).

Any protection that I'd get via the Fixed Sum Loan Agreement regulated by the Consumer Credit Act 1974 would be lost when I cancel the agreement within 14 days, leaving s75 as the next best option.

Would I be better to not pay for the phone in full up front as part of the credit agreement, and have a balance outstanding so that when I cancel, I pay o2 on my credit card? Would doing that take me outside of the original Device (credit) plan and into the safety of s75? I can't seem to see that clearly in the terms.

Hopefully some one can shed some light!

Edit: Researched section 75, subsection 3:
(3)Subsection (1) does not apply to a claim—
(c)under a debtor-creditor-supplier agreement for running-account credit—
(i)which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and
(ii)which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.

My interpretation of this is that providing the agreement is less than 3 months and I only make one payment, I am still covered by section 75. I would pay o2 upfront for the phone, having a term of 1 month i.e. 1 instalment.

Allan_C_2

Hi, looking for a bit advice on whether my situation is covered by section 75.

My family and friends family rented a villa in Florida through homeaway.co.uk this summer. Unfortunately, the villa didn't meet our needs, there were issues with the pool which meant we couldn't use it and there other general cleanliness issues. We were unable to resolve the issues while we were there and decided to cut our losses and moved into a hotel.

My friend paid the initial £300 deposit for the villa with a debit card then i paid the remaining balance of about £2700 on my credit card. We then had to pay approx another £3500 between us for alternative accommodation.

I have contacted my credit card provider and they have just fobbed me off saying this isn't covered, just wondered whether i should pursue this and if i do pursue it, what amounts am i entitled to claim for? Would i just be claiming on the basis that the villa was misrepresented in the description?

Sorry, a lot of questions there! Any help would be much appreciated.