Section 75 refunds - article discussion

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  • 2060lucy
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    Not a question, but...
    The main article's title says
    "Section 75 refunds
    Free protection for ALL credit card spending"

    I know the article is then very clear about third party payments, but is there any way to suggest that they take the "ALL" word out of the title, or to change it to "ALL DIRECT".

    I fell foul of the loophole, assuming I would get double protection by using PayPal, and want to stop others suffering the same problem
  • cazzajay
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    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    cazzajay wrote: »
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.

    Ring up again and see what another phone operator says. You could even ask a question before giving your details.

    Who is the card company ?
  • cns06
    cns06 Posts: 299 Forumite
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    cazzajay wrote: »
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.


    Any update on this?? I have a problem it goods from 2016. Getting nowhere with the company who supplied so thinking of going to my credit card company.
  • eddddy
    eddddy Posts: 16,478 Forumite
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    edited 2 May 2018 at 10:38AM
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    cazzajay wrote: »
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.

    Section 75 makes the credit card company jointly liable for breach of contract (or misrepresentation).

    You have up to 6 years (in England or Wales) to make a claim for breach of contract - from the date that the breach occurred. So you have up to 6 years to make a claim from the credit card company.

    If a company took a deposit for a dress and has failed to provide a dress - that sounds like breach of contract (unless there is some other relevant info that you haven't mentioned).

    Technically, the date of the breach of contract might be the date that the dress was due to be delivered - so maybe that hasn't happened yet.


    (If the credit card company mentioned 6 months, they might be talking about their time limit for investigating chargebacks - which is something different.)
  • cns06
    cns06 Posts: 299 Forumite
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    Thanks for that.
  • Ian_N
    Ian_N Posts: 1 Newbie
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    If I bought a holiday from a USA travel agent and they went broke would Section 75 cover me?
  • stp101
    stp101 Posts: 13 Forumite
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    Does section 75 cover damages from a breach of contract?

    For example, if you had a kitchen installed poorly and it couldn't be resolved, would you be able to claim the cost of the original kitchen and damages for having it removed and making good any plasterwork when a new one is installed?
  • meer53
    meer53 Posts: 10,217 Forumite
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    stp101 wrote: »
    Does section 75 cover damages from a breach of contract?

    For example, if you had a kitchen installed poorly and it couldn't be resolved, would you be able to claim the cost of the original kitchen and damages for having it removed and making good any plasterwork when a new one is installed?

    Section 75 would cover breach of contract. In some cases you can claim for consequential losses. The only people who can answer your question is your card issuer. The decision is up to them as to whether you would have a valid claim.
  • stp101
    stp101 Posts: 13 Forumite
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    meer53 wrote: »
    Section 75 would cover breach of contract. In some cases you can claim for consequential losses. The only people who can answer your question is your card issuer. The decision is up to them as to whether you would have a valid claim.

    Thanks for your quick response. How does the claim process work? I mean do you need to get quotes for a replacement and potential costs of damages upfront before submitting a claim, or can you just submit a claim where you don't yet know what the consequential loss is?
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