Section 75 refunds - article discussion

Igov

Thanks for that, bit of a minefield here,

emailuser

Hi all, hoping for some advise

I bought a plasma tv from Empire Direct in December last year for around £1300 , the reason i bought it from Empire Direct was that they were offering free 5 years parts and labour warranty, obviously this is now useless, i purchased the TV with my HSBC credit card to ensure that i had protection, in March i made a claim under section 75 as i was no longer recieving 5 years warranty, after many calls to India and then to the UK HSBC informed me that as the invoice showed the 5 year warranty but had no cost againest it , the best they could do was for me to ring them if i ever encounter a problem and they would consider it ...

Now me thinking that they are just hoping i go away and forget about it .. i did some research and found i could purchase a 5 year warranty from a supplier for around £300, but HSBC are sticking to their guns,.

Now i dont have a problem with the TV at the moment but legally am i entitled to claim ??? should i keep persuing it ?? , whats my chances !!!

thanks for any help ....

jimfree

are you covered under section 75 for having a food buffet service costing over £1100 ,or is it classed as smaller amount per person ?

MKB

I have recently read of two other exceptions to Section 75, not covered by Martin in his article.

(1) Gill Charlton in the Daily Telegraph reported last week that goods/services paid for by a secondary cardholder and not for the use of the principal cardholder were not covered. IIRC she cited some ombudsman's ruling.

(2) I've also read that if you have a credit balance on a credit card, then, because you are not actually borrowing money, the Consumer Credit Act does not apply.

I would be interested to know if either of these two situations really are exceptions, or just dodgy reporting.

Derek_C_2

Here's a question - and I'd really like to know the answer.

My daughter needs a new car. She part exchanged the old one and I paid the balance, around £1000, on a credit card. Car turned out to be faulty and she returned it two or three times but no work was ever done on it. Eventually I went to the garage with my daughter only to discover they'd done a runner.
To cut a long story short I made a claim under Section 75, and maybe my mistake was in telling them the whole story, but they have now refused it and I quote:
"Section 75 of the Consumer Credit Act 1974 does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached contract with the buyer or where the contract was induced by misrepresentation. The breach of contract has to be in respect of a transaction financed by a debtor-creditor-supplier agreement, i.e. customer-credit card issuer-merchant.
"In this case, the contract is in the name of your daughter...who is not connected to your ... credit card and so not forming part of the the debtor-creditor-supplier agreement. For this reason we are unable to progress your claim further."

Sounds like weasel words to me. Are they right???

Igov

I am having the same sort of problem, see above. Apparently a contract can be between up to 4 people with only one person on the invoice, and surely we are the buyer as we paid for the goods, consumer direct reckon that me and my partner have individual joint contract, I have not replied to the credit card company yet as I am awaiting another reply from the retailer

derrick

Derek_C wrote: »

Here's a question - and I'd really like to know the answer.

My daughter needs a new car. She part exchanged the old one and I paid the balance, around £1000, on a credit card. Car turned out to be faulty and she returned it two or three times but no work was ever done on it. Eventually I went to the garage with my daughter only to discover they'd done a runner.
To cut a long story short I made a claim under Section 75, and maybe my mistake was in telling them the whole story, but they have now refused it and I quote:
"Section 75 of the Consumer Credit Act 1974 does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached contract with the buyer or where the contract was induced by misrepresentation. The breach of contract has to be in respect of a transaction financed by a debtor-creditor-supplier agreement, i.e. customer-credit card issuer-merchant.
"In this case, the contract is in the name of your daughter...who is not connected to your ... credit card and so not forming part of the the debtor-creditor-supplier agreement. For this reason we are unable to progress your claim further."

Sounds like weasel words to me. Are they right???

As I said in post #125 above, the CC is in your name therefore the credit is in your name and as such Section 75 should be in play, it is you who will pay the money to the CC company and any interest that may incur, if you default the CC company will not come after your daughter for any monies, it will be you they come after therefore the CREDIT, ( which is what Section 75 is about), is a contract between you and the CC company.

Ring Consumer Direct on one of the numbers in post #125 and see what they say, they are open until 1 p.m. today.

Derek_C_2

Derrick

That sounds pretty positive and underlines the way I look at it. I'll let you know how I get on.

Thanks

loudor

Transactions abroad - advice please.

I'm new to this site but wondering if anyone can assist. In 2006 my husband and i went travelling in Australia. We booked a cruise around the Whitsunday Islands (on a credit card) and were to fly to the destination and then check in for the cruise. Due to inclement weather the flight couldn't land meaning we returned to the departure airport and then were given a flight to a new destination. We had missed check in etc for the cruise so we decided to change our plans with the intention to claim a refund via insurance or credit card.
However the cruise did depart, it wasn't cancelled. We just couldn't get there.
We have been unable to get a refund from with the insurers or the card provided under s.75. We have gone to FSA who have sided with the card company and I'm currently waiting for the FSO (ombudsman) to consider matters.
We are down £765.
Any advice?

danmitchell

Does buyer protection using a credit card apply if I buy secondhand goods from a private seller? If I pay them with my credit card for goods worth £700 and the goods are not as described do I have a legal right to claim back from the credit card company?