Section 75 refunds - article discussion

Gregsy

Hi, I paid over £600 to 1 Green Place in May as a contribution towards a replacement boiler. They told me that if I changed my mind, I could get this refunded. Despite numerous emails and calls after changing my mind quite quickly, I never got my money back and I found out they have gone into administration. I've claimed this amount from my credit card company and they sent me a declaration form and letter asking for other bits of evidence if I have it. I've sent this form and a few copies of emails but I'm wondering if this is likely to be a straight forward process as I've never been in this situation or made a claim before. On the credit card letter, it asked if I had made a claim from the administrators. I don't know what this means or if they are going to try and wriggle out of it by saying that I should. I simply sent back a covering letter with my form saying I held them jointly responsible (using some of Martins' letter template). I just wondered if anyone had any thoughts on this. Many thanks.

TW4T50N

I paid a deposit via BACS for a fitted bedroom and used Buy Now Pay Later on the remaining balance through a credit agency.

The fitted bedroom company went into administration and I'm looking to file a Section 75 complaint against the credit agency. Is our initial deposit also covered or just the credit balance? I've read online that if you paid the deposit on a credit card but the total balance by another means, you'd be covered for the deposit and total balance. Not sure if it works the other way round though.

JimmyTheWig

TW4T50N wrote: »

I paid a deposit via BACS for a fitted bedroom and used Buy Now Pay Later on the remaining balance through a credit agency.

The fitted bedroom company went into administration and I'm looking to file a Section 75 complaint against the credit agency. Is our initial deposit also covered or just the credit balance? I've read online that if you paid the deposit on a credit card but the total balance by another means, you'd be covered for the deposit and total balance. Not sure if it works the other way round though.

If you paid any of the total on credit then you are covered for the whole total (as long as it qualifies for section 75 based on the other criteria).
The normal way this happens is, as you say, paying the deposit on card but that's not the only way you can do it.

TW4T50N

Absolutely fantastic, thanks for confirming.

I believe it qualifies under Section 75 as it covers credit agencies, not just credit cards from my understanding? It was a home improvement loan from Shawbrooks that cleared the funds to the company that went bust before we received our goods, which is a breach of their contract in several places.

Does it sound applicable? Because they released the funds early, we are now liable for the loan amount and not received any goods whatsoever.

Please see my predicament here: /showthread.php?p=71625850#post71625850 for the background story (can't post links as my account is too new!).

irvsax

Hello,

I am wondering if anyone can help.

I rented a holiday rental property last year and a month before my trip it turns out the rental company went bust and ran off with everyone's money. This meant i could not stay at the property and had to pay for a different rental.

I contacted my card company and they said that they would submit a claim back to the vendor and if they heard nothing back within 45 days i would receive a refund.

On the 45th Day they told me they had a response and that my claim had been rejected. I read the documentation and it basically said that because the balance payment was lawful (ie it was authorised by me) that there would be no refund.

My card company said there are ground to appeal so i completed a form and sent of lots of supporting information regarding the claim.

However, the more i think about it the more i think this is nonsense. They did NOT get a response from the vendor, but from the vendor's 'bank'. Section 75 states that my claim is with my card company and not the with other persons bank.

I have had to pay out twice for accommodation and did not receive what i paid for from the original company who are still AWOL.

Any advice appreciated.. I dont really want to wait another 45 days for the 'appeal' procedure as I need the money back now!

Should I contact the Ombudsman yet?

Thanks

JimmyTheWig

irvsax wrote: »

I contacted my card company and they said that they would submit a claim back to the vendor
...
Section 75 states that my claim is with my card company and not the with other persons bank.

It doesn't sound like they're treating it as a Section 75 claim.
If it were me I think I'd contact them again and say you want to claim under Section 75.

Stuart788

Would the financial ombudsman be able to help?

I had hoped to recover the cost of a train journey that was cancelled due to adverse weather; the company refused and so I then tried to use my section 75 protection on my credit card.

I was declined because the booking confirmation shows that the individual tickets are less than £100; however, I tried to argue that total cost of the tickets is £114 because the tickets are for a return journey, cannot be used separately and I would not have been able to buy the tickets at their individual price shown in the confirmation email:

Fare details
Journey 1: Adult Fare GBP 118.00 (2@GBP 59.00)
Journey 2: Adult Fare GBP 110.00 (2@GBP 55.00)

Cost breakdown Total amount paid: GBP 228.00

I do not know why the company choose to display each journey as separate when it was a return journey. Nationwide then promised to consider the case again but I then found the next day that the amount I was claiming, £228, started accruing interest as it was no longer in dispute.

They never told me they’d again rejected my case and on calling I found that it’d be rejected simply because they’d tried to call the company to clarify and that the company wasn’t helping.

I was wondering if it’s worth going to the financial ombudsman? I don’t think Nationwide managed the case very well but are they right about the tickets? Would I have had more luck with a chargeback?

JimmyTheWig

Stuart788 wrote: »

I had hoped to recover the cost of a train journey that was cancelled due to adverse weather; the company refused and so I then tried to use my section 75 protection on my credit card.

Why did the train company refuse?
The card company are equally liable as the train company (assuming you can get it to fit in Section 75). If the train company aren't liable then the card company won't be either.

Stuart788

JimmyTheWig wrote: »

Why did the train company refuse?
The card company are equally liable as the train company (assuming you can get it to fit in Section 75). If the train company aren't liable then the card company won't be either.

Unfortunately it was a tail and sail ticket bought from a rail company and the ferry was cancelled so we were stuck in Northern Ireland and so the company can correctly say that as it was adverse weather they're not responsible.

Do you think I can get it fit within a section 75 claim?

JimmyTheWig

Stuart788 wrote: »

the company can correctly say ... they're not responsible.

Do you think I can get it fit within a section 75 claim?

I'm no expert, but as I understand it if the train company can correctly say they're not responsible then the credit card company can say the same.