Section 75 refunds - article discussion

Tubby167

Section 75 Success Story
My in-laws fell for a scratch card tout in Tenerife in 2006 and ended up buying into a "Holiday Club" for £2000 paid for on their Capital One Credit Card. They tried to cancel the next day but were threatened and intimidated, returning home defeated and convinced money gone for good. Didn't occur to them to cancel the credit card transaction (bless 'em)! They were so embarrassed they never told any of us about it...... They came to me in Jan this year because another firm had been hassling them to sign up with them to get their money back.... cut it a bit shorter, I wrote a letter for them to Capital One quoting Section 75; first reply tried to pap us off, wrote second letter including OFT info on bogus holiday clubs and hey presto, cheque for £1950. Note we accepted asking for interest too cheeky having left it for 3 years so decided to just try for the principal back.....

amapas29

My thanks to this website and to all the previous posters. Without Martin's tips I'm not sure that I would have been succesful in making a section 75 against barclaycard.

Long story short - I ordered and paid in full for a new car from a trader based in Sheffield. Trader then provides excuses for non delivery of vehicle and later goes in to Creditors Voluntray Liquidation in December 08.

I had by that time made a Money Claim in the Northampton County Court against the trader for £15,991. Liquidator confirmed that there was no dividend likely in the liquidation.

Thankfully of the total paid to the trader, I had paid the first £100 deposit on my Barclaycard Goldfish credit card. So I made a Section 75 claim.
It has taken from December 2008 to now, but this week a received a credit to my credit card account of £15,991.39 - the whole amount just from having paid the first £100 on my card.

During the process I had various letters from Barclaycard saying I didn;t have a claim, or I was trying to claim the money twice (once from the liquidator, once from Barclaycard). Don't be put off. Persevere.

gembod

MarathonMan1981 wrote: »

Hello!

Is there a time limit on these things for a section 75 claim to be valid?

Thanks

Hi

My credit card company told me I only had 60 days to claim back, despite the fact that the Land of Leather purchase was made 4 months beforehand.
I have heard that the law states we have up to 6 years to claim - however I can't find any literature to back this up.
Can anyone help?

Thanks

derrick

gembod wrote: »

Hi

My credit card company told me I only had 60 days to claim back, despite the fact that the Land of Leather purchase was made 4 months beforehand.
I have heard that the law states we have up to 6 years to claim - however I can't find any literature to back this up.
Can anyone help?

Thanks

The CC company is "equally and severally liable" to the contract, so the same rights apply to them as do to the retailer, see WHICH. ; - "However, if you paid on credit card, you have another option. Under section 75 of the Consumer Credit Act, the card company is ‘jointly and severally liable’. This means it is equally responsible along with the retailer or trader for the goods or service, and you can contact the card company to sort out your problem."

And WHICH; - "You have six years to make a claim for faulty goods in England, Wales and Northern Ireland; in Scotland you have five years."

BERR (SoGA Fact Sheet) ; - "For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement)."
Also Q 3.

gembod

My company says the time limit is 60 days but I read it is 6 years. I have not been able to clarify this anywhere.
Has anyone else heard of this?

christrinder

In March 09 (pre F1 season) I placed bets with UK and overseases bookmaker on Jenson Button to win the 2009 F1 Championship via Credit Card. I placed $300 at 70-1 with the oversesas bookmaker. The UK bookmakers will almost certainly pay up if he wins at teh odds they quoted (50-1).

However, the overseas bookmaker contacted me after Jenson Button has won the fisrt two races saying that I could either have even money (the price at that point) on the bet or they would void it and refind the stake to my credit card! As you can imagine I declined both options, and insisted the bet stood. They then refunded the stake to my credit card.

Two months later (after much arguing) it is clear that they will never pay me out. The reasoning they give is that it was the 'wrong price' (despite that price being close to the same offered everywhere else and honoured).

Do you think I have a chnce to get my winnings under Section 75 from the credit card company? My thinking is that the credit card company is jointly and severally liable for any breach of contract (which I believe this is).

derrick

christrinder wrote: »

In March 09 (pre F1 season) I placed bets with UK and overseases bookmaker on Jenson Button to win the 2009 F1 Championship via Credit Card. I placed $300 at 70-1 with the oversesas bookmaker. The UK bookmakers will almost certainly pay up if he wins at teh odds they quoted (50-1).

However, the overseas bookmaker contacted me after Jenson Button has won the fisrt two races saying that I could either have even money (the price at that point) on the bet or they would void it and refind the stake to my credit card! As you can imagine I declined both options, and insisted the bet stood. They then refunded the stake to my credit card.

Two months later (after much arguing) it is clear that they will never pay me out. The reasoning they give is that it was the 'wrong price' (despite that price being close to the same offered everywhere else and honoured).

Do you think I have a chnce to get my winnings under Section 75 from the credit card company? My thinking is that the credit card company is jointly and severally liable for any breach of contract (which I believe this is).

Section 75 will not cover gambling! It is for goods and services, gambling does not come under either, also gambling debts cannot be enforced in a court of law, so I doubt you could recover anything that way.

IMHO gambling is a mugs game anyway.

christrinder

Why is gambling not covered as a service provison by a supplier? In this case, surely it is covered by by Section 75.

Your are incorrect is staing that gambling debts are not enforced by law. The Gambling Act 2005 changed the law to make gambling debts enforceable (for both parties). Gambling transactions are covered in the same way as any other contract. Please be careful before giving out erroneus information. However, in this case the bookmaker is overseas which gives me potential issues.

As to whether gambling is a 'mugs game', I've made steady profits over three years and it has paid for a deposit on a house (although only 1.5% of individuals win, so I understand why you may have that perception). It is best not to generalise.

wardaler

Please can you tell me if credit card purchases by authorised users, ie. not the main card holder, are also fully covered under Section 75?

derrick

wardaler wrote: »

Please can you tell me if credit card purchases by authorised users, ie. not the main card holder, are also fully covered under Section 75?

No.
http://www.wheresmyrefund.co.uk/refunds-when-you-pay-credit-card.html

Purchases must be made by the ‘principal cardholder’, so if you lend your card to a family member, or a secondary cardholder makes a purchase, these won’t be covered