Section 75 refunds - article discussion

saxosalt

Martin and co., your advice is (as always) invaluable but I have a problem with Nationwide VISA.
In January 2008 I ordered a furniture package from Dream Home Interiors (a 'subsidiary' of Andalucian Dream Homes) for an off plan apartment in Spain. DHI is the quoted furniture supplier in the ADH brochure and shares the same logo. I bought my apartment from ADH and was taken to the DHI showroom by the ADH agent. I paid 50% deposit (about 4000 pounds) by Nationwide Visa card. I have the receipt which I have showed Nationwide. My apartment will be completed this year but in February 2009 I learned by a phone call from an ADH man that DHI had ceased trading. Subsequently ADH itself has ceased trading I learn from the Internet and Spanish ex-pat forums.
I contacted Nationwide and provided the only information that I have been given i.e. the addresses and telephone numbers of DHI and ADH and the telephone numbers of the owner and chief accountant of DHI. These ADH/DHI people will not give me any information at all on the telephone and do not reply to letters (even though my Spanish is quite good!)
Nationwide have categorically (and quite rudely) refused to give any support despite me sending your 'template letter'. They say;
a. 'their' time limit for claims has been exceeded and that they must conform to 'their own procedures'
b. they can do nothing anyway since I have provided no proof that DHI and ADH have ceased trading and gone into administration.
My big problem seems to be how can I prove that DHI and ADH have gone into administration in Spain so that I can recover what I am owed (i.e. I hope the amount of the package) from Nationwide?
I would be very grateful for any advice.

4560max

hi am i covered by section 75 .i paid by credit card for a sky repair plan which they took by direct debit. they upped the price from £65.00 to £175.00 .it was only when i got the statment i relised what they had done i e/mailed them straight away to cancel but was told that the amount had gone through and it was to late is there any thing i can do as i am on disability pension and cannot afford this price

emailuser

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 !!!

derrick

emailuser wrote: »

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 !!!

I would say that they are correct, you have no problem with the TV, so wait until you have then claim against the CC, either from the inclusive warranty supplied or under SoGA via Section 75.

I had a similar problem when I purchased my computer 4 years ago, but paid for a 4 year warranty, 18 months later the company went bust, I contacted CC company and at first they wanted nothing to do with it, but after a few more phone calls and letters, they refunded my warranty cost, (£300.), and said if the computer went wrong within 6 years, (SoGA), they would look at any remidies at that time.

montyzoomer_2

I am a little confused when a third party is spoken about. My payment was for a holiday booked through Freedom Direct. I used my cc to pay Freedom Direct and the company went bust. They were ABTA protected, but ABTA have said we cannot claim through them, so surely we can claim under section 75 from our cc, as the contract was between us and Freedom Direct paid for on a cc. Anyone have any thoughts on this please?

NickCambridge

I have a query similar to loudor's above.

I booked an appartment in france, cost 552 eur, on my mastercard.

Unfortunately our car broke down on the way and we had to return to the uk on the back of a lorry.

The t&c of the company I booked with do clearly say that non-appearance results in them retaining 100% of the fee.

My travel insurers say this is not covered.

Do I have a chance via s75?

Thanks in advance for any advice.

r18kam

Some weeks ago the Daily Telegraph said that purchases made by a second card holder were not protected under section 75. As an example, I am the main card holder and I have a second card on the same account for my partner. Anything he buys on the card is not protected as I have the credit arrangement with the card company, not him.

Is this correct?

r18kam

jcraft

Just out of interest. Say for instance, you book your honeymoon on one credit card, and when it comes to jetting off after the wedding the airline goes bust. Are you able to claim all the money back? Because at the time of the booking your new husband/wife wasnt technically your 'partner', just fiance or fiancee. Or does fiance or fiancee class as partner?

dinnjo

I have a section 75 problem. I booked a hotel room with an internet agency paying a deposit of £60.10 with my Barclaycard. I later paid the balance of £330.65 to the agency by bank transfer. When no hotel voucher came I did some checking to find that the agency had gone into administration leaving me with no hotel room and no money. I put in a section 75 claim with Barclaycard and they paid me my deposit back but not the balance because “the service provider was the hotel and not the agency”. It seems to me that this is wrong as I paid the agency for a service (booking a hotel and providing me with a prepaid voucher) and not the hotel. Not being happy with Barclaycard I phoned the Financial Ombudsman but they told me as the deposit that I had paid with my Barclaycard was less than £100 they could not help me. This seems at odds with other advice that I have read.

Have I any chance of getting my money back?

derrick

r18kam wrote: »

Some weeks ago the Daily Telegraph said that purchases made by a second card holder were not protected under section 75. As an example, I am the main card holder and I have a second card on the same account for my partner. Anything he buys on the card is not protected as I have the credit arrangement with the card company, not him.

Is this correct?

r18kam

Yes, as answered in post #122 above, from the link in that post; -

"Purchases That Qualify For Refunds
The legal protection offered to consumers who pay by credit card applies to both goods and services. However there are some exceptions: the protection doesn’t cover purchases made with credit card cheques or cash withdrawals on credit cards. 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. You are however still covered if the purchase takes you over your credit limit."