Section 75 refunds - article discussion

derrick

lewisw wrote: »

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.

You will be covered as you are using credit and that is what Section 75 covers; - See WHICH; -
""In a landmark ruling, the House of Lords has confirmed that section 75 does apply to foreign transactions. In 2004 the High Court said the act didn't apply when people made purchases abroad. But that has since been overturned by the Court of Appeal."
You can pay any amount on the CC, "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."
"However, you don’t have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card. And this part-payment can be as little as £1 (but no more than £25,000)."

I think it would be better to pay per person as I believe there is a way out for CC companies if you go down the other route.

cairndog

We keep being told to pay with our credit card to get the protection but some sites/retailers charge a premium if we do
Travelodge is one, but the worst I've heard of is Thomas Cook who asked for 5% of a booking for £2000+ if paid by credit card.
Is this legal? Seems exorbitant to me ! Maybe Martin has a view on this?
How do I get to him?

bigtel69

Good Evening all.

I have just been on the phone to halifax... in order to try and get a chargeback from SkyEurope. They have gone into administration, and I wont be flying now :-( Has anyone had sucess from this?? I know its quite early, as they only went down yesterday, but ancious to get funds back from the robbing B*****ds at SkyEurope.

elasea

As a result of goods not being delivered to the contracted specification for the second time I approached the supplier to resolve the matter; his response was 'on his terms only'.
I then approached the credit card company, MBNA, since the deposit was paid by my card. Their response was that because the supplier had offered to resolve the issue (see first para) and he was still in business, there was no breach of contract.
I have now gone to the Financial Ombudsman Service. Whilst the adjudicator appears to recognise there has been a breach of contract, the transaction did not come under the remit of Section 75 because there is no Debtor-Creditor-Supplier relationship. Why not? - because I used my card but the car I ordered for my wife was in her name and the paperwork from the supplier did not include my name in the documentation e.g. invoice etc.. because they asked in whose name the car was to be registered. Interesting, since when I questioned what protection was available for the deposit if they went bust, he recommended using a Credit Card .
Currently, there appears to be no opportunity to recover the situation since the FSO deals only with evidence e.g. paperwork, and not unsubstantiated conversations etc..
As one last possibility, does anyone know if a precedent has been set that I can use in my arguments to the Ombudsman himself/herself.
Many thanks

johnfthetraveller

elasea wrote: »

Why not? - because I used my card but the car I ordered for my wife was in her name and the paperwork from the supplier did not include my name in the documentation e.g. invoice etc.. because they asked in whose name the car was to be registered.

I'm no expert, but this is my understanding. If you can establish that the contract for purchase was between them and you, and not your wife, then Section 75 should apply. Just because the car was "for" your wife shouldn't make any difference if you bought it. The crux of the matter is who's name was on the invoice. If you can show that it was their mistake that they put your wife's name instead of yours, then that would do it. They will argue that your wife bought it, and you merely paid for it, in which case Section 75 would not apply.

toolslinger

hi all
I bought a car three weeks ago for £12,990,of which £570 was paid as a deposit on my credit card,The car was purchased from a motor trader who bought the car from a con man without without the owners consent or knowledge.The owner is now looking recover there loss.just wondering if i am covered under section 75 for my total loss
many thanks in advance

vazoid

Hi,

I purchased a cooker hood for £250 using visa credit card from an online company - the goods never arrived and they admitted they wouldn't be able to provide them and offered a full refund - which never arrived. Now they're refusing to acknowlegde that I ever ordered despite the money being taken from my card and an email receipt (which includes order number)

My bank has indicated that without a paper receipt I'm not entitled to claim although I do have an email receipt + the transaction with company name on my visa card. Does anyone know if I can still claim?

Any help greatly appreciated.

me_and

My Egg Money card has a measly credit limit, and I've already ran afoul of it a few times, so I tend to keep a credit balance on there.

My question is this: If I pay for something on my Egg Money card out of its credit balance, am I still covered under Section 75? It's a purchase on a credit card, but I'm not really a debtor in the arrangement, as I'm still in credit with the credit card company.

Kind-of the inverse to this question: if I make a purchase using my debit card, and go into the overdraft to make that purchase, doesn't that mean I'm in a debtor-creditor-supplier agreement? Would I be covered under Section 75 or not, and if not, why not?

petersandyglen

toolslinger wrote: »

hi all
I bought a car three weeks ago for £12,990,of which £570 was paid as a deposit on my credit card,The car was purchased from a motor trader who bought the car from a con man without without the owners consent or knowledge.The owner is now looking recover there loss.just wondering if i am covered under section 75 for my total loss
many thanks in advance

Hi Toolslinger, don't know if anyone has replied to your question or if things have now been sorted, however what I can tell you is this : If you paid a deposit by credit card (any amount) for a item between £100 and £30,000 and your payment was made direct to the motor trader ( your credit card bill will show whether it is or not) if it is, then the credit card company is liable for the full amount and you should claim the whole amount from them including interest at 8% for the time involved.
Petersandyglen.

magsharker

purchased mobile home for £60,000, firm went bust, paid original deposit on credit card, can I claim back up to £30,000