Section 75 refunds - article discussion

knowme

knowme wrote: »

I bought a t-mobile contract lately and got it delivered to my registered address. The phone set costed me £199.99, which I paid using my American Express Blue Credit Card.

Since it was a holiday season and I wasn't available at that address, I requested my partner to send me the package to my holiday address by 1st Class Recorded without any insurance.

Surprisingly, I didn't get the delivery till today and it is been 16 working days already. I have filed a claim to Royal Mail but as per policy I will only get £39 as it was a First Class Recorded without insurance.

Now the questions is, am I protected under Section 75 to claim the £199.99 that I paid to to mobile phone provider even though the phone was delivered when they sent it and only got misplaced when it was posted again?

Thanks in advance!!

anyone!!??

me_and

knowme wrote: »

I bought a t-mobile contract lately and got it delivered to my registered address. The phone set costed me £199.99, which I paid using my American Express Blue Credit Card.

Since it was a holiday season and I wasn't available at that address, I requested my partner to send me the package to my holiday address by 1st Class Recorded without any insurance.

Surprisingly, I didn't get the delivery till today and it is been 16 working days already. I have filed a claim to Royal Mail but as per policy I will only get £39 as it was a First Class Recorded without insurance.

Now the questions is, am I protected under Section 75 to claim the £199.99 that I paid to to mobile phone provider even though the phone was delivered when they sent it and only got misplaced when it was posted again?

No.

Section 75 means you can claim against the credit card company if you can claim against the person you bought the product from. It's not T-mobile's fault you posted the phone without insurance, so you can't claim from Amex either.

flexrider

robbyn wrote: »

Presumably I should always pay on ebay via paypal up to £100, but what about over that amount? Does paypal have any advantages over s75 CC Act cover?

Robin

Be very carefull with ebay and here is why,

I purchased at xmas time 300 pound worth of items for my son for christmas(playstation 3 with games) the seller told me all items were working correctly, and it was...for one whole month

I paid with my abbey card which is visa and i tried to dispute the faults using the paypal dispute form and resoloute foams, the appeal failed because even after filling in the all the infomation such as the games console paypal wrote back after being sold mis-told "was working,now not goods"they said paypal will not take it up and i should talk to the seller who has been online since, :mad::mad::mad: thanks paypal im 300 quid out of pocket for a machine my son cannot play and just bleeps at me

also the machine to get repaired or a refurisbment, will cost me 130 quid by sony, :mad::mad: again more expense,

The bank
So i started to look into the laws of this country and found to laws i could try and use which was the sales of goods act and the cc75 act however after speaking to
abbey i had the most idiotic responce who told me they wont do a chargeback unless i had there new credit card called santander zero, i went to agure it was law and by the sale of goods act if someone sold me somthing offline or online and it didnt work then i can pursue my money back for up to six years either by small claims

contacting the finical ombudsam on monday, AVIOD EBAY!! Such a tiger company

BrianC500

In August 2006 I signed up for IT training at £4800.00. I paid £950.00 deposit on my credit card and took out a career development loan for the balance. Through ill health in 2007 I had to put the course on hold. The company has now gone bust! Can anybody tell me can I claim from my credit card for this?

todareistodo_3

derrick wrote: »

Contact your CC company as they are liable, you will be sent a form which will require details of the administrators etc.

i claimed through my credit card but i only got my £250 deposit back do i claim the rest back through barclays partner finance as the amount is still outstanding

many thanks

derrick

todareistodo wrote: »

i claimed through my credit card but i only got my £250 deposit back do i claim the rest back through barclays partner finance as the amount is still outstanding

many thanks

Your psot #169;-

todareistodo wrote: »

hi, can anybody help me with section 75
i was doing a training course when the company i was doing it with went into administration i paid a £250 deposit by credit card and the rest was buy now pay later (due next month) and if so how do i go about it
please help thanks

I read it as you paid £250. You have had this repaid by your CC, you have paid nothing else so I cannot see what else you can claim?
The company has gone bust, you are back to where you where financially, end of story! CC companies don't do training courses.

If Barclay are trying to claim anything? then refer them to Section 75.

thirtytwentyten

laptaman wrote: »

Under Section 75 of Consumer Credit Act it says that the Credit Card company have joint liability for claims over £100 and under £30,000. If an item is over £30,000 is it not possible to claim or is that a maximum one can claim?

Anyone know the answer to this one?

thehound

I don't think the article mentions a time limit for instigating a claim. E.g. my dad just asked me: if he pays a deposit or the full amount today for a sofa which will be delivered in 3 months and the retailer goes bust in 3 months, before delivery, can he still claim?

cheers.

me_and

thehound wrote: »

I don't think the article mentions a time limit for instigating a claim. E.g. my dad just asked me: if he pays a deposit or the full amount today for a sofa which will be delivered in 3 months and the retailer goes bust in 3 months, before delivery, can he still claim?

I don't know what the specific law is, but these things generally work on a principle of doing things promptly from when you discover the problem, not from the date you pay. I think there's generally an exception for if it's ages (in the order of six years) between the incident and you noticing, but that's not going to apply here.

For that specific case, you'd definitely be covered. If it takes you ages between you not receiving the goods and kicking up a fuss, it might be more difficult, but provided you claim within, say, 28 days of when the sofa was supposed to be delivered, you shouldn't have a problem.

KTM_Gordo

flexrider wrote: »

AVIOD EBAY!! Such a tiger company

I very much doubt you bought anything from eBay - it's the seller that buys advertising space from eBay and you then buy the item from the seller.

If the seller is a business (even a sole trader) then you have the normal rights under the Sale of Goods and Services to Consumers legislation: i.e. that goods are of a satisfactory quality.

If the seller was an individual just selling a few items of their own but not what might be considered as a business, then you do not have the protection.

Section 75 does not apply to third party agents (e.g. Paypal) either, so your bank will not be able to assist.

eBay is a special case in many ways, with a mix of traders and private sellers, different types of item listing (they're not true auctions either!) etc. So whilst there are many bargains to be had, it isn't risk-free. Buyer Beware!