Section 75 refunds - article discussion

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  • Nicky_J_C
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    I paid a deposit of £2000.00 on RBS credit card and the company went bust. I have submitted a cliam to the credit card company who have said to put a claim to the insolvency administrators of the bust company. On this website it states that the cc company has to reimburse me and the cc company should claim it themselves. When I rang the financial ombudsman I was told that my first port of call should be to claim it from the administrators. Who is correct?
  • Lexxi
    Lexxi Posts: 2,162 Forumite
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    I paid £2000 deposit to manage a pub at Christmas, the company I was working for only wanted cash, which I wasn't happy with and so I told them it would take a few days so they told me I had to pay the deposit direct to the brewery. We were completely screwed over by the company we were working for we didn't see any beer from the brewery, who had also taken more than the £2000 and were told to buy it ourselves which they shouldn't have told us to do and so ended up having the locks changed on us, making us unemployed and down 2k. The brewery and area manger wouldn't deal with me as the account wasn't in my name.
    I got in touch with virgin about 2 weeks ago who took some details from me and sent me out a form, they gave me a time linit as it has been a few months since it happened. I gave them the details and recipt for £2000, sent it off on the 14th to arrive by the 16th on Saturday I got a reply advising me that virgin would reimburse me for the £2040 and for any charges incurred from the transaction.
    I'm really pleased that they dealt with it so quickly and efficiently, as I was a little aprehensive contacting them in case they were difficult. They have also said that any further corrsepondance they recieve from the brewery they would send me copies.
    If it hadn't have been for the weekly email and the article on MSE I wouldn't have known about s75:money:
  • MISTERB_2
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    I made a large payment, using a BACS transfer from a current account which also has a Visa Debit card in June '08 to a company which went into liquidation on December 23rd (nice Christmas present eh?) The goods had still not been delivered. I had asked for a refund before then but was given many reasonable excuses for the failure to deliver. I have asked the building society to put in an apeal to visa on my behalf, but do you think I have any chance to recover the money?
  • nala37
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    can any let my know if there is a time limit under section 75 as MBNA have told me it is 3 months??
  • Squealia
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    PLEASE HELP!!!! Is there anyone clever out there who can help me because I can't afford legal advice.
    In July 2008, I spent 230 quid with Two Left Feet (yes I've been had). Sufficed to say, it didn't arrive and I had to buy my stuff somewhere else. After lots of towing and frowing TLF sent an email agreeing to refund in October 2008. The refund didn't happen and they wouldn't respond to emails. I applied for a refund from HSBC Mastercard. They phoned to tell me that they wouldn't be refunding because TLF had said not said in their email how they would be refunding me. In order for Mastercard to refund the email should have said 'we will be refunding onto the card ending XXX'. Without this information, HSBC Mastercard claimed that TLF could have refunded me some other way. I couldn't claim the amount as undelivered goods because more than 119 days (or a similar amount) had passed and HSBC Mastercard were no longer liable.
    Is there anyone out there who knows if this is legit? Section 75 doesn't state seem to state what HSBC told me but I'm not a consumer rights lawyer...
    Now TLF have gone bust so I can't take them to the small claims court.
    Martin Lewis - do you read forums?
  • likklegem
    likklegem Posts: 33 Forumite
    First Anniversary Combo Breaker
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    Hi guys! Hoping someone can help with this! In January 2008 I bought at 37" TV from my local Sainsburys at £425. 1 year and 2 days after I bought it it broke! I took it to Sainsburys where I was told quite unhelpfully tough! Other than vowing never to buy any thing from them ever again, I ended up having to pay an extra £97 quid to repair the TV and got an engineer report which said the power supply that the TV had been fit with was "Not fit for purpose".

    As I bought this on my credit card, I wrote to Halifax asking them to refund the money for the TV using section 75. I got a reply yesterday saying that

    "Under Section 75 of the Consumer Credit, we have joint liability with the supplier of the goods. Televisions are normally covered by a 1 year manufacturer's guarantee within which time they have the repair or replace.

    You do have rights under the Sales of Goods Act whereby you can reject goods within a resonable time. However "reasonable time" is not specified.... whether you you have the right to reject the goods after this time is a question of law and we do not feel it is right for us to mediate on whether there has been a breach of contract.... We are aware of our liabilities uder Section 75 of the Consumer Credit Act and we appreciated that you may choose to sue either the supplier, ourselves or both of us..."

    Any ideas on what should I do??? All hep will be great!! You'll be my guardian angel!:A
  • Lexxi
    Lexxi Posts: 2,162 Forumite
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    nala37 wrote: »
    can any let my know if there is a time limit under section 75 as MBNA have told me it is 3 months??

    When I got my letter MBNA told me that I would have to reply by a certain date (March 17th) I'd made the payment around December 16th which would make it around 3 months. I don't know if it's just MBNA or if's part of section 75?
  • Former_MSE_Wendy
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    Squealia

    As we say in our Section 75 guide: If your card provider still won't help then contact the Financial Ombudsman to make a complaint. This is completely free and well worth doing, there’s a simple claim form on its website.

    Hope this helps
    *** Get the Martin's Money Tips Free E-mail at www.moneysavingexpert.com/tips ***
  • Xeno73
    Xeno73 Posts: 1 Newbie
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    Hi,
    I bought a table and chair set in June last year when MFI was all up and running without any problems. Since then we have had most if not all chairs develop the same fault (loose/wobbly back). Also, the table has started to loose its laminate.

    I've made a claim to my CC company under section 75 and they have now asked me for all correspondence (there is none as they have now gone) and also the reciept with terms and conditions. I have looked high and low for the reciept and cannot find it. am I able to still make the claim? They have a copy of my CC statement showing the payment was taken during that month so they know it is within 12 months standard warrenty.

    :confused:
  • calumelgol
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    My son bought a new 50cc motorbike in September 08 and when he broke his leg in Oct 08 the bike was stored as per manual.....He got all clear from Doc to go back to work on 5th jan so bike was taken from storage as per manual but the bike would not start....major hastle with retailer so tried section 75 with Lloyds Credit Card but they say as retailer has offered to fix it if I transport it 300 miles to Manchester at my expense they can do nothing for me...cost to receive bike from Manchester from new was £300 + so down and back would be over £600
    Motorcycle has only done 250 miles from new so why should I be out of pocket for a purchase not fit for purpose.............

    How do I put pressure on Credit Card company to take action as this has been going back and for since Jan 09

    Any Advice Gratefully Received Please
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