Section 75 refunds - article discussion

derrick

petersandyglen wrote: »

Hi all MSE's,
I saw atrade advert for a car on E-bay. Because the deal involved paying all the money up front, I rang trading standards. They advised me to at least pay a £100 deposit on my credit card. I then sent £165 deposit to the firm through THEIR pay-pal account. I then paid the remaining balance by direct bank transfer into their bank account.
Now things have gone wrong and I didn't get the car on time. Eventually they tell me things beyond their control have happened so they will pay me back at a given amount per month.
I thought of going to my credit card firm and asking for the WHOLE of my money back from them, but here's the snag, because I paid through pay-pal it's considered a third party.
I phoned various legal helplines and have even e-mailed the Financial Ombudsman (who hasn't replied yet) I still have no definative answer.
Does anyone know the answer? Peter.

Go to your credit card company they are liable,( TS where wrong to tell you to pay at least £100. on your CC, any amount would do, even £1.), no matter how you paid the rest.

From WHICH; -

"However, you don’t have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card. And this part-payment can be as little as £1 (but no more than £25,000)."

petersandyglen

Hi Derrick,
The one sticking point is that on M.S.E. it has been said that one exception is when money is paid through a third party i.e. pay-pal. So do I still have rights even though I paid through a third party (not MY pay-pay account by the way) but the firms?
Peter.

derrick

petersandyglen wrote: »

Hi Derrick,
The one sticking point is that on M.S.E. it has been said that one exception is when money is paid through a third party i.e. pay-pal. So do I still have rights even though I paid through a third party (not MY pay-pay account by the way) but the firms?
Peter.

As you paid the deposit with your CC, this automatically brings them under section 75,(as described in the WHICH link I provide earlier), so in my opinion you are covered, as I cannot see what difference it makes how you pay the balance!

You could phone Consumer Direct on one of the following numbers to confirm; -

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call Consumer Direct from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.


Website address for above; - http://www.consumerdirect.gov.uk/about/how-we-help/

SuzieK_2

MattB78 wrote: »

Just a quick question. I have just ordered a sofa and am waiting for delivery. However what I am unclear about is if I settle my credit card in full before the item is delivered, will I still have this protection if the company goes bust in the mean time. The other option is to only make the minimum payment on the card until the goods are delivered but this then means I incur interest charges. I am relatively confident I won't have to rely on this however in the current climate you never really know do you.

I have the same question as I have just ordered a fireplace and paid the deposit by credit card. I don't want to lose Section 75 protection if I pay the balance off before the item arrives. Anyone got the answer?

derrick

SuzieK wrote: »

I have the same question as I have just ordered a fireplace and paid the deposit by credit card. I don't want to lose Section 75 protection if I pay the balance off before the item arrives. Anyone got the answer?

As long as the item is between £100-30000. you are fully protected under Section 75, it is no difference to paying for any product with a CC as long as the price is as above, you can even pay the balance by cash, cheque or whatever as you are covered under Section 75 no matter how much you put on the CC.

petersandyglen

Dear Derrick,
Sorry to bother you again, but the main question I had was, because I paid by credit card THROUGH pay-pal, would that,. in law make it that my contract was not directly with the C.C. co. but with pay-pal. I know that it doesn't matter that I paid the balance in cash through the bank.
I have still had no reply from the financial Ombudsman about this one.
Peter.

gmar96

Would I be covered if I bought a flight with my additional card for myself and my family? The primary cardholder would not be in the travelling party.

Any suggestions would be welcome.

Regards Moneysavers'

GaZ

gmar96

Section 75 and additional card holder Would I be covered if I bought a flight with my additional card for myself and my family? The primary cardholder would not be in the travelling party.

Any suggestions would be welcome.

Regards Moneysavers'

GaZ

derrick

petersandyglen wrote: »

Dear Derrick,
Sorry to bother you again, but the main question I had was, because I paid by credit card THROUGH pay-pal, would that,. in law make it that my contract was not directly with the C.C. co. but with pay-pal. I know that it doesn't matter that I paid the balance in cash through the bank.
I have still had no reply from the financial Ombudsman about this one.
Peter.

I hadn't realised that you had paid the deposit via PayPal, as far as I know that would mean you are not covered under Section 75, still worth a phone call to Consumer Direct to confirm.
As I said, if you had paid the deposit with your CC straight to the seller you would have been covered.

From the WHICH link above; -
"For example, if you buy something online and use Paypal or a similar payment service, your card payment is made to Paypal (on the agreement they will send the same amount to the trader)." But, since no card payment is actually made to the trader, the card company isn’t jointly liable if there is a problem with the goods or service.

derrick

gmar96 wrote: »

Would I be covered if I bought a flight with my additional card for myself and my family? The primary cardholder would not be in the travelling party.

Any suggestions would be welcome.

Regards Moneysavers'

GaZ

Only the primary card holder will have the Section 75 protection, can you not get them to pay a deposit or the full price with you repaying them separately?

Bear in mind that any claim that may have to be made will need the primary card holder to make that claim.