Section 75 refunds - article discussion

bagpipeman

There is a good deal of press and media attention being paid to Credit Card Companies insisting that customers provide a manufacturer's test report before considering faulty goods claims made under Section 75.



When the screen of the tablet I bought online cracked on the sixth day after delivery as I was using it, the retailer bluntly refused to acknowledge liability, despite the conditions in the Consumer Rights Act 2015.


I therefore started a dispute on 5th April 2018 with Nationwide Card Services (Visa) but over the course of three months, twenty three emails (including emails to Joe Garner, Chief Executive), numerous telephone calls and letters the company persistently refused to acknowledge any liability under Section 75 of the Consumer Credit Act 1974 - insisting that it was my responsibility to obtain a manufacturer's test report.


Today (8th June 2018) my credit card account has been credited with a full refund and costs after issuing a claim using the governments online Money Claims Procedure (Small Claims). Nationwide Visa offered no defence.


Whilst the Money Claim is a quick and easy procedure, dealing with the credit card company can be a long, daunting challenge which most individuals would be reluctant to pursue - credit card companies are banking on this (literally).


I have full supporting evidence and I refused to sign a confidentiality agreement prior to settlement.


I had similar success when Virgin Media charged me the full term of my mobile contract after I moved to an area where the company was unable to provide me with mobile phone signal ......... yes, I think I am a bit of an old hand at this game and no company is too big for me to take on!

stp101

bagpipeman wrote: »

There is a good deal of press and media attention being paid to Credit Card Companies insisting that customers provide a manufacturer's test report before considering faulty goods claims made under Section 75.



When the screen of the tablet I bought online cracked on the sixth day after delivery as I was using it, the retailer bluntly refused to acknowledge liability, despite the conditions in the Consumer Rights Act 2015.


I therefore started a dispute on 5th April 2018 with Nationwide Card Services (Visa) but over the course of three months, twenty three emails (including emails to Joe Garner, Chief Executive), numerous telephone calls and letters the company persistently refused to acknowledge any liability under Section 75 of the Consumer Credit Act 1974 - insisting that it was my responsibility to obtain a manufacturer's test report.


Today (8th June 2018) my credit card account has been credited with a full refund and costs after issuing a claim using the governments online Money Claims Procedure (Small Claims). Nationwide Visa offered no defence.


Whilst the Money Claim is a quick and easy procedure, dealing with the credit card company can be a long, daunting challenge which most individuals would be reluctant to pursue - credit card companies are banking on this (literally).


I have full supporting evidence and I refused to sign a confidentiality agreement prior to settlement.

You should ask for a final decision from the bank and then take it to the financial ombudsman. If the bank has messed around, then the ombudsman might make them pay compensation to you. This helps ensure that others don't suffer.

HoneyPup_2

I bought a used car in Feb 2018 for £4000, paying half on Barclaycard and half via debit card. The car was reported faulty within 15mins of driving it off the forecourt, and the dealer was advised. They agreed to fix the problems. Result - dealer did not repair the car and I have been on-off trying to get this resolved claiming breach of contract under CRA2015. The act states it is up to the dealer to prove the faults weren't present when I bought the car. Since then the dealer has refused a part refund and refused a final right to reject by not making an offer. I paid for an independent report/estimate from another garage (main dealership) and made S75 claim for the cost of repairs (£3500). Barclaycard are saying they want their engineer to inspect the vehicle, and don't seem to think the CRA 2015 applies. They have logged my complaint but what is my next step? The car is currently SORN on my drive as it is not driveable...As far as I can tell Barclaycard are liable for breach of contract? Can they insist on sending an engineer? I have been without a car for 8 weeks :-( and likely to be for some time yet.
TIA

KathyJ

]I recently ordered some furniture online & was given a delivery date. No delivery was made & the company are not contactable. I believe they have gone into administration but don't have proof. I have made a S75 claim to my Mastercard provider but have just received a comunication from the delivery company to say my furniture is in their warehouse but that I must arrange collection myself within 3 working days. The warehouse is 300 miles away from where I live & it would cost me a lot of money to do this. My question is will my S75 claim still be valid seeing that the company failed to deliver & is no longer trading?

Poppy500

We paid the deposit for a cruise for my husbands 70th birthday via our credit card. The cruise was in February and was terrible. I won't go into details but among other things our cabin was flooded with sewage! We put in a claim to the company we booked with (well known channel on TV!) and they forwarded it to the cruise line who offered us £400 voucher off another cruise or £200 cash. We did not agree with this and went to our credit card company. After many months and many requests for "more info", they have finally come back and offered us 10% of the cruise cost of £2,890. There is no explanation of how they came to this arbitary figure and they have basically said nothing more they can do and I should go to a solicitor or CAB if I don't agree. What can I do? Any help gratefully received as this is my first post on the forum and I'm not sure if it's in the correct place!

Poppy500

Booked a cruise for my husbands 70th birthday and it turned out to be terrible. Nothing like was advertised. Won't got into details but at one point our cabin was flooded with sewage! Cruise company offered £400 voucher off another cruise (!) or £200 cash. I paid the deposit via Halifax Clarity Card so after exhausting the agents complaints policy I went to Halifax. After several months, many many emails and making a complaint to them they have finally given us an offer yesterday of 10% of the total price of £2,890 and said if we don't like it we need to see a solicitor. I'm not happy with this and have asked for an explanation of how they arrived at this arbitary figure. As yet no response. Can anyone help with what I can do now? I'm new to this so hope I've posted in the right place!!

Jezzabell

Our recent Easyjet flight, within EU so I am attempting to get compensation, was delayed by 4h20. We hired a car via Holiday Autos with Europcar and paid in full by credit card up front. When we arrived, after trying to telephone the hire desk at Geneva airport from the UK but they did not answer, we were told they only hold the car for 2 hrs and we had to pay an additional €20 per day for what they called an upgrade. We booked a Nissan Qashqai or similar and were given a Citron Picasso. I'm trying to get a refund from Holiday Autos initially, but wonder if I can try and claim back from my Barclaycard? Any other advice much appreciated. Thanks.

PTR72

[FONT=&quot]I'm in a process to make a claim under Section 75 through Tesco Bank Credit Card. Tesco disputes team employee asked me to provide an invoice of purchase of an annual train pass I bought at one of Northern Rail stations. I have a copy of card payment receipt showing Northern Logo and name of the station, but Tesco employee said it’s not enough and insists that I need to provide an invoice I ask her to email me a list of required documents to submit the claim, but she refused and disconnected the line [/FONT]
[FONT=&quot]Any advice How to get an invoice for purchase of an annual train pass I bought at one of Northern Rail stations?[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]I emailed the Northern, and spoke with ticket office at the station with no success so far …[/FONT]

bradderslondon

Background:

I bought a motorbike in March. I paid for around £1000 of it on an interest free credit card (Clydesdale Mastercard and MBNA VISA), another £5000 using interest free transfers from interest free credit cards (the dealership had a £1000 limit on credit cards) and the remainder on a 5 year hire purchase plan.

There are two very similar bikes. I test rode and wanted the road focussed but off road capable adventure bike rather than the off-road focussed version. I was specifying extra protection guards and crash bars so the dealer told me to go for the off-road focussed one and said that it is exactly the same bike but has an extra computer mode and all of the protections bars etc included (bar the headlight guard) and so works out cheaper. I asked if there was any other difference and he said the badge and spoked wheels.

So I went ahead and ordered. He initially ran a finance check through Black Horse but put the details in wrong, twice so it was rejected (a nice pain on my file for that one). So I arranged finance elsewhere. Using the cards and an HP agreement resulted in lower monthly payments over five years instead of three but with no balloon payment to worry about. Overall it was a little cheaper than Black Horse anyway.

I'd specified TPMS as part of the package along with luggage, headlight guard and a tank pad. I was told the bike would be ready to pick up within a week. A week later I'm told they can't fit TPMS to spoked wheels. At this point I've already arranged finance, and paid about £200 in credit card transfer fees etc. Between us the solution was to fit Garmin TPMS caps which are unaffected by the tubed tyres and add a Garmin SatNav to work with them. This cost me about £150 extra overall.

When I collect the bike another week later and they moved my appointment to a later one and then kept me waiting for two hours on top I notice the bike is hard to maneuver on and off the centre stand. The handlebars felt wider than I remembered and I could have sworn on my test that I could put my feet on the ground more easily. I checked again about the dimensions being the same and they said they were.

I put it down to arthritis and took it home.

Later I discover that the bike is indeed 3cm taller, longer, further travel in the suspension and the handlebars are actually wider.

After the first service a screw, spring and retainer fell out of the windscreen and the other one was a quarter of a turn from falling out!

The dealership promised to order replacements and repeatedly failed to put the order through. Eventually this got sorted out in August and on the day I was bringing it in the front badge even fell off!

I've had other issues too.

The engine has cut out on me including on one occasion I has heading out across a campsite and it caused the back wheel to slip smashing a pannier. I get repeated fault codes (immobiliser, lights, foglights), occasionally it struggles to start (even after it's just done 250 miles up the motorway and has stopped just to get fuel) and the screen (which is what you get instead of an instrument cluster) stopped working for ten minutes leaving me with no speedo (side note: and it looks like 3 penalty points). The original dealer said that it was unable to trace fault codes that were no longer presenting as the computer doesn't store them.

Am I right in thinking I could use section 75 in this instance to end send the bike back, get a refund and end the HP agreement?

Is it the bike I ordered?

On one level it is the one which I ordered on paper but I ordered a bike that was smaller as far as I was concerned. (miss-sold product)

Is it fit for purpose?
Well it's unreliable and possibly dangerous. I needed a bike that was lower than this one (I have short legs) and this very aspect was communicated in the purchase process.

Is it in good order etc?
I'd argue not based on what's happened so far.

In the spirit of the rule; I've taken out debt, mostly directly linked to the purchase, to buy a product which is not fit for purpose, as described, or provided with adequate care or skill.

I'm thinking that might need to be my next approach on this.

Any thoughts from the hive mind are appreciated.

kmoerman

Has anyone here tried to claim with RBS? I am trying to currently but their online information on section 75 is non-existent. I will phone them but the lines are currently busy. My story is that I bought an engagement ring last week in new york. It was custom made to my fiance's tastes. When we returned home she put it on and within 5hrs it started to literally come apart. We took it to a local jeweller who told us the workmanship was the worst they had ever seen and that we should demand a refund. It was incredibly badly made. The retailer is ignoring us so my only option is to claim via RBS.
What do i do? Do I just call and ask for a claim form? Do I have a valid claim based on the item being faulty/sub-standard?