Section 75 refunds - article discussion

jr123_2

This thread is really useful, however still would like reassurance that I have understood this completely. We are booking our hotel only through a travel company (they have much better rates than booking direct through hotel). Now if I use my credit card, as I understand it, I will not be covered if the hotel goes bust before we travel, but I will be covered if the travel company goes bust and my accommodation has not been paid for by them, which would be a likely scenerio if they were having problems.

Igov

Please can you help, I wanted a suite from a furniture store, so my partner went to the store and ordered it and I paid a deposit over the telephone, later on before they would deliver the suite, I had to pay the balance, which I did. Now when my partner ordered the suite the order was made out in her name, the suite is not suitable for purpose and is very poorly made, it is also the wrong colour, I have sent a claim off to my credit card company under section 75, as I am having no joy with the retailer, but now they are saying that, the contract is with my partner not myself, although it is my suite and I paid for it, I am the only cardholder, many thanks

derrick

Igov wrote: »

Please can you help, I wanted a suite from a furniture store, so my partner went to the store and ordered it and I paid a deposit over the telephone, later on before they would deliver the suite, I had to pay the balance, which I did. Now when my partner ordered the suite the order was made out in her name, the suite is not suitable for purpose and is very poorly made, it is also the wrong colour, I have sent a claim off to my credit card company under section 75, as I am having no joy with the retailer, but now they are saying that, the contract is with my partner not myself, although it is my suite and I paid for it, I am the only cardholder, many thanks

As the principal and only cardholder, the credit is in your name and therefore Section 75 is in play!

You can contact Consumer Direct on one of the following numbers for clarification; -

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670
Consumers who call ConsumerDirect from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.

Igov

Thank you very much for the info and contact numbers, it is much appreciated

johnfthetraveller

The main article answers the question "Are there exceptions to what Section 75 can apply to?", with:

First is anything to do with the purchase of land as this is controlled by regulation from the Financial Services Authority.

I used a credit card to purchase 2 apartments in Northern Cyprus, each one costing £28,000. I have searched for details of the "exception" this site refers to, to clarify if property (as opposed to land) is exempted too. I can't find any clarification, except for an article (link below), which gives a hypothetical example (2nd example of 4) of someone who purchased land, and it seems to infer that land IS covered by Section 75. Can anyone shed any light?

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/62/62-consumer-credit.htm

fws51

Would an credit card payment for an annual golf club membership fee be covered by Section 75?

johnfthetraveller

Igov wrote: »

Please can you help, I wanted a suite from a furniture store, so my partner went to the store and ordered it and I paid a deposit over the telephone, later on before they would deliver the suite, I had to pay the balance, which I did. Now when my partner ordered the suite the order was made out in her name, the suite is not suitable for purpose and is very poorly made, it is also the wrong colour, I have sent a claim off to my credit card company under section 75, as I am having no joy with the retailer, but now they are saying that, the contract is with my partner not myself, although it is my suite and I paid for it, I am the only cardholder, many thanks

Surely the Act doesn't apply. As the contract was in your partners name, you are a 3rd party, which means the credit card company isn't liable. Maybe if you had ordered it over the phone initially, and the company had mistakenly put your partners name on the order, then you would have a case.

Igov

Thanks for that, but the way I see it although I cannot get confirmation is that,
anything I pay for with my credit card is a contract between me and the supplier
I cannot see anywhere in section 75 that I have to order the goods ( say for a present ) to be covered, even a secondary card holder who, according to credit card company's are not covered because the primary card holder did not order the goods is blown out of the water by the OFT who say they are.

poodledoodle_2

:T
I have made a claim by 'visa chargeback' through barclays for theatre tickets I purchased with my debit card. There was a fire in the theatre and all performances were cancelled, the business has since gone bust.

I had no trouble at all getting a £44 refund, I contacted the main barclays telephone banking enquiry line saying i wanted to make a 'chargeback' and they opened a 'case' for me.

I had to wait until after the due date of the performance before I could claim (as I had not suffered a 'loss' until then)

They sent me some paperwork to complete, I had to enclose copies of the tickets, my original receipt and a letter to creditors that had been posted on the internet by the theatre. It did take about 5 weeks before the money was actually repaid directly into my bank account, but I have no complaints as I fully expected to lose this altogether.

Incidentally the tickets had been purchased as gift for someone else and this did not make any difference. Thanks Martin for telling us about chargeback as I dont think its widely known about. :j

johnfthetraveller

Igov wrote: »

Thanks for that, but the way I see it although I cannot get confirmation is that,
anything I pay for with my credit card is a contract between me and the supplier
I cannot see anywhere in section 75 that I have to order the goods ( say for a present ) to be covered, even a secondary card holder who, according to credit card company's are not covered because the primary card holder did not order the goods is blown out of the water by the OFT who say they are.

I'm not an expert, so I could be wrong, but my understanding is that you don't have a contract just because you used your credit card. The contract exists between the supplier and your partner. The fact that you volunteered to pay for it doesn't make you a party to it.