Section 75 refunds - article discussion

mikeaward

An important point is that alot of budget airlines are now charging considerable sums for use of a credit card as opposed to debit card which don't have the insolvency protection. For people booking trips which aren't ATOL protected (probably around half trips from UK) cover against airline insolvency is available on quality travel insurance (check your policy) or directly from specialists websites such as protectmyholiday.com.

thwait

Bought carpet in Feb 2009 for £570 for lounge. Sample shown in shop 5" x 4" - carpet received not as seen in sample - a mess of colours. Have been in contact with HSBC since March 2009 as paid full amount by credit card. Was told by an Independant Inspector carpet suffering from pile reversal!
Retailer has got his money and severed all contact with me. Had no information before and at point of sale about 'pile reversal problems' in carpets. HSBC not interested, have been corresponding with them since March 2009. Office of Fair Trading and Citizens Advice Bureau waste of time. Can't find any organisation, or official help with problem carpets. These cut pile carpets are still being sold - the dearer the carpet the worse pile reversal problems are witnessed in carpets. Colour of carpet was described as "latte" saxony - carpet in my possession a mess of at least 4 colours. Has anyone had problems with carpets, any info greatly received.

m5rcc

If one buys something on eBay and pays via Paypal (covered with a credit card) on a non-tangible, non-physical item that was not posted (like a e-voucher for example), then it would appear that neither PayPal nor the Bank nor the credit card issuer would cover any losses. Surely this in its own right is a breach of consumer rights, no?

juliusceasor

I have raised this on CAG forum and reached an impasse seen this thread here and wondered if anyone could help.

I have held the CC jointly liable with an item I purchased that was supplied and the item did not match the description. I have involved TS and they agree that the item was misrepresented. I have pursued the CC as the supplier was a complete waste of time for both a refund and direct consequential loss. All this has been discussed with TS and they confirm I am entitled to and have grounds to claim for both.

The crux of the issue is now the CC is only offering a goodwill refund of the purchase but will not entertain the consequential loss aspect for the following reason.
Their reason is that the invoice for the part is not in my name and not delivered to my personal address, there is a valid reason for this I was going to use the part for my business. However the purchase was on my personal CC in my personal name and appears on my personal CC statement and therefore TS and myself believe that Section 75 applies as it is a purchase I made as a consumer. It is irrelevant who the invoice is made out to by the supplier, or what I did with the purchased item after receiving it, surely?

I am now faced with approaching the ombudsman or small claims to proceed further, both of which I am happy to do but I want to establish first if there are any grounds for restricting my rights to section 75 as the CC purports to.

johnfthetraveller

juliusceasor wrote: »

Their reason is that the invoice for the part is not in my name and not delivered to my personal address, there is a valid reason for this I was going to use the part for my business. However the purchase was on my personal CC in my personal name

I am NOT an expert, so am just using my own understanding. The contract HAS to be with the same person / company that holds the Credit Card. Unless you can argue that they made a mistake, and that the invoice should have been made out to you, then I think you don't seem to have a valid case. NB Are you sure the invoice was to the business, rather than just used as a delivery address (which would not affect who the contract was with)?

Derek_C_2

Just an update everyone...

I'm not doing at all well. (See post 136 & previous). CC company still refuses to pay on the same basis. Tried Consumer Direct too, but they weren't much help at all. If I want to pursue this I guess I need to take formal legal action. Is it worthwhile or am I sending good money after bad by involving solicitors??

Mutl3y

I've bought a new kitchen on my credit card, but want to pay the amount on the card straight away so I'm not charged interest.

If the kitchen company went bust after I'd paid off the amount outstanding on my card but before installing the kitchen could I still claim?

derrick

Mutl3y wrote: »

I've bought a new kitchen on my credit card, but want to pay the amount on the card straight away so I'm not charged interest.

If the kitchen company went bust after I'd paid off the amount outstanding on my card but before installing the kitchen could I still claim?

Yes, buy paying anything on your CC for something costing between £100-& £30000, you are covered under Section 75 of the Consumer Credit Act.

Rach1979

Hi,

I'm hoping that I am protected by section 75 for the following: a set of 6 treatments of IPL (laser hair removal) that hasn't worked! I paid for the entire package on credit card which is in excess of £2000 and the results are appauling. I am currently pursuing this complaint with the supplier, but so far they are trying everything to avoid refunding my money - mainly by saying I should PAY for more treatments :mad: !! I'm absolutely gutted as I really fought with myself in the first place to justify spending this amount of money on something like this.

As the product has not done what it should have done am I able to take this up with my credit card company under Section 75 if the supplier doesn't pay up?

Many thanks for any good advice :T

lewisw_2

Hi,

New question. Not sure if this is the right place...

I have looked through the posts and cant seem to find an answer. If it has already been asked, i apologise.

I am thinking of purchasing a holiday tour from a chinese company. The tour is well over £1400 per person and there is a 6% credit card fee. As the fee is so high i want to double check that i am covered if the dont show up!

My questions are:

Am i covered as it is a service rather than a product?
Do i have to pay the full amount or can i pay just the £100 minimum? (to save m 6% fee)
Are we better to pay seperately per person, or one person pay for the trip in full, or does it not really matter?

When mentioning items from abroad, it tends to be realating to physical goods which have been paid in full by one person. So i wondered if anyone could shed any light on this particular situation?!

Thanks in advance for any help.