Section 75 refunds - article discussion

grumbler

JamieTom wrote: »

I called Santander and they said I am not covered by Section 75 as I purchased the phone for someone else's benefit and not mine? This is despite the fact that my wife is a named secondary user on the credit card - they advised that because it was purchased using my card number and not her secondary card number it would not be covered under section 75.

Does anyone know if the above is correct or are they trying to get out of it?

This is correct.
What's not covered by Section 75? >> Goods/services paid for by a secondary cardholder

Why did you tell them?

That said, so called 'ingress' is a common excuse for avoiding warranty obligations. You still can use your Consumer Rights against the supplier (not LG), but they are likely to use the same excuse.

Ultimately you can go by the Small Claims Court route, but if you don't win you lose the initial claim fee.

Also, Mobiles and Consumer Rights boards are better places to ask such questions.

JamieTom

grumbler wrote: »

This is correct.
>> Goods/services paid for by a secondary cardholder

Why did you tell them?

To be honest I happened to mention that I bought the phone for my wife while I was explaining the purchase as I hadn't appreciated that clause applied. I purchased the phone on the primary card number as the primary cardholder for my wife who is a secondary cardholder with a secondary card number? Seems like a bit of a 'get-out' clause to me. Not sure if the guy made notes (probably did) otherwise I could try again? We were both named on the account and it was purchased for our use - would an appeal to ombudsman work?

grumbler

In fact S75 is an old law, that, when formally applied to CC purchases, makes no sense whatsoever. That's why CC companies use every possible excuse for avoiding the nonsensical obligations.
They are liable in the same degree as the supplier of the faulty goods, not more. If you think you have a winning case, you can confidently use the Consumer Rights Act and Small Claims Court.
The ingress is hardly an 'inherent' fault. So your only argument is 'not fit for purpose'. Make LG to confirm in writing "that Foreign Contaminant Ingress can occur through normal wear and tear" - and I am pretty sure this will be a sufficient proof for the SCC.
Possibly, such confirmation will persuade the supplier if they refuse to replace/refund under the CRA and you threaten them with SCC actions.

DMBRADLEY

Good afternoon, I am purchasing a fifth wheel caravan for 61k and the company want a 50% deposit before they start production. I understand that I will not be protected under section 75 as the total value of the item is 61k, hence over the 30k limit. Will I be able to chargeback the deposit if the company goes bust or if I do not get the goods, if I pay by debit card?

grumbler

>> Visa, Mastercard & Amex Chargeback

Emma123456

Hi all,

I was just wondering if I'm valid in putting in a claim for a piece of equipment I purchased.

In May last year I purchased an extractor for £1500 in addition to a large piece of equipment. I made sure I purchased it and the other item on a credit card - mainly because I was a bit wary of the company being quite small in case I have any problems. When purchasing the extractor I asked about the prices of maintenance etc, as there is another brand more well known that I could have got elsewhere. I was informed that the smaller filters were £20 for 5, and the big filter set £300. The extractor arrived, with 6 of the cheaper filters with it and one full set of the large filters. There was an issue attaching this to the main piece of equipment, this is still not correct, as a result the cheaper filters are being used much quicker than they should be. The company has not been able to resolve this issue.

I've run out of the cheaper filters, and I'm now trying to get hold of them. I either can't get them, or the company are trying to charge a lot more money (then they don't have them) and generally messing me about. They also won't/can't fix the issue attaching it to the main piece of equipment. As I'm using the last one, if I don't get some replacements soon I can't use the machine anymore and it will affect my business.

Would I be able to claim under Section 75? This has been going on for months now, and I'm a bit stuck. Had they been upfront in the first place I would have purchased a different unit, which I knew I could get the parts for, and actually the maintenance is easier and cheaper.

samandan

Hi
25th November 2017 I bought a jacket from a .co.uk website and it wasn't until I paid for it that I realised the item would be coming from China. I count myself tech savvy but obviously not! I never received an order confirmation either
It took ages to arrive and while I was waiting I contacted the website 3 times but never got a response. The jacket arrived and it was nothing like I had ordered. I contacted the site again saying I was returning it. still no response. I found the site owners name and address (it is registered in Sussex) I wrote directly to him with an image of the incorrect item. Letter return - not known at this address.
21st December 2017- I sent the jacket back at a cost of 12.50. The tracking on the jacket says it was returned to Beijing on 27th December and is being processed for delivery. From what I understand people have to go to pick up their parcels(they get sent a card) they don't get delivered to their address.
Is it time to make a claim or should I go for charge back, and can I also claim the return postage
Thanks
Samandan

auntjo

Hi on the s75 mse article it states that you are covered if you pay for anything over £100 to £30k on your credit card. You are also covered if you pay for a small part (£1) of it on your credit card.

My question is when does the payment on the credit card have to be made in order to get protection? Does it have to be the first payment to say the service provider or could it be the last payment you make to them after a job has been completed?

If it doesn't matter when the payment is made, does that in turn effect when the three party relationship begins?

Crabman

auntjo wrote: »

Hi on the s75 mse article it states that you are covered if you pay for anything over £100 to £30k on your credit card. You are also covered if you pay for a small part (£1) of it on your credit card.

My question is when does the payment on the credit card have to be made in order to get protection? Does it have to be the first payment to say the service provider or could it be the last payment you make to them after a job has been completed?

If it doesn't matter when the payment is made, does that in turn effect when the three party relationship begins?

I'm only aware that it matters whether the payment has been made on the card or not. The timing of the payment shouldn't matter, unless someone else here knows otherwise?

auntjo

Crabman wrote: »

I'm only aware that it matters whether the payment has been made on the card or not. The timing of the payment shouldn't matter, unless someone else here knows otherwise?

I agree with you.. Does anyone else have any thoughts on this?