Section 75 refunds - article discussion

katskorner

How long after a purchase can you claim under section 75? I made a purchase of something that turned out to not deliver and it took a year to find that out but I didn't claim as I didn't think I could. It turns out that someone I know who also purchased the same had a successful claim but I am wondering if 2007 is too long ago to claim against.

Joe01

Hi

Just wondering if you guys can offer some advice

Saw a bike on eBay which i liked the seller stated he required £100 to be paid via paypal so i contacted the seller saying i was interested so sent him £100 through paypal. rang him up to sort out when i should go and get it and pay the rest of the money then when talking to him on the phone he started telling me oh by the way this isn’t going and that needs doing im like wait a second you didn’t say this all in your listing so after going back and forth with him i just said leave it just refund my money as i don’t want to deal with you anymore because the bike wasn’t as described.

I have never seen the bike only the pictures and it did look good but on the phone he told me there were a few things wrong with it that he didn’t state in the listing, in the end just got fed up with it and asked him to refund my £100 he said no he’s not refunding my money so i opened a paypal dispute and after a few days they said they cant help because they don’t cover deposits

I paid with a credit card via paypal and the amount was £100 so should i claim under section 75 or do a chargeback for non receipt of goods?

Which way is going to get me my money back?

Thanks for your help

me_and

Joe01 wrote: »

I paid with a credit card via paypal and the amount was £100 so should i claim under section 75 or do a chargeback for non receipt of goods?

Which way is going to get me my money back?

As you paid through PayPal, you're not covered under section 75. The article explains this.

I'm pretty sure paying a deposit like that is in breach of eBay and PayPal policies. If it is, you won't be able to claim through them (although you will be able to report the seller and possibly get them shut down).

Your best bet is a chargeback if possible (I believe they're only available for Visa cards, not Mastercard or Amex).

Failing that, you'll need to look for redress through the legal system. If they're in the UK, you've a variety of options, particularly if you have their address, or at least a landline phone number. You probably want legal advice; try the Citizens Advice Bureau.

goldilocksblue

Can anyone please advise as my problem is making me ill with worry
I bought a hot tub for approx £5k (as I read that they can help arthiritis sufferers) it came with a 5 years warranty, the retailer gave me a letter stating that it is covered for 5 years for 'full labour and parts replacement and parts on all plumbing and electrical parts' plus his own lifetime water care service stating that he will visit and rectify free of charge any problems with water quality - this is very important to me being disabled.
Both the retailer (UK) and the supplier (non UK) have gone out of business and I am claiming under sect 75
My c/c co have asked for a detailed report specifying the problem before they can evaluate my claim - at my expense.
I can see that they have to make sure I am not making a bogus claim but had the retailer not gone out of business the problem/fault would have been put right at no expense to myself so as the c/c co are jointly and severally liable shouldn't they pay for the report as I was covered for 5 years and still have 3 years to go
My query also is - what can I expect from the c/c co after they receive the report and how long will it take ?
Any advice at all will be very much appreciated
Thanking you

derrick

goldilocksblue wrote: »

Can anyone please advise as my problem is making me ill with worry
I bought a hot tub for approx £5k (as I read that they can help arthiritis sufferers) it came with a 5 years warranty, the retailer gave me a letter stating that it is covered for 5 years for 'full labour and parts replacement and parts on all plumbing and electrical parts' plus his own lifetime water care service stating that he will visit and rectify free of charge any problems with water quality - this is very important to me being disabled.
Both the retailer (UK) and the supplier (non UK) have gone out of business and I am claiming under sect 75
My c/c co have asked for a detailed report specifying the problem before they can evaluate my claim - at my expense.
I can see that they have to make sure I am not making a bogus claim but had the retailer not gone out of business the problem/fault would have been put right at no expense to myself so as the c/c co are jointly and severally liable shouldn't they pay for the report as I was covered for 5 years and still have 3 years to go
My query also is - what can I expect from the c/c co after they receive the report and how long will it take ?
Any advice at all will be very much appreciated
Thanking you

As they, (quite rightly), are asking for a report, then assuming it falls within the scope of the warranty, you will be able to claim back the cost of the report, write to them informing of such so that they cannot say at a later date that they had no knowledge of this.

By asking for the report they do seem to be taking ownership of the warranty, and unless they offer a cash settlement in place of the warranty then they will continue with ownership for it as if they where the retailer, i.e. the term stated on your invoice.

I had a similar problem with my computer a couple of years ago, had taken out an extended warranty for 4 years, when the company went bust I contacted the CC company, and after a few e-mails and letters they actually paid me back the full cost of the warranty even though it had been running for about 15 months.

Not sure how long it will take, companies do vary, but they should do so within a "reasonable time", as you will also be covered under the SoGA.



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goldilocksblue

derrick wrote: »

As they, (quite rightly), are asking for a report, then assuming it falls within the scope of the warranty, you will be able to claim back the cost of the report, write to them informing of such so that they cannot say at a later date that they had no knowledge of this.

By asking for the report they do seem to be taking ownership of the warranty, and unless they offer a cash settlement in place of the warranty then they will continue with ownership for it as if they where the retailer, i.e. the term stated on your invoice.

I had a similar problem with my computer a couple of years ago, had taken out an extended warranty for 4 years, when the company went bust I contacted the CC company, and after a few e-mails and letters they actually paid me back the full cost of the warranty even though it had been running for about 15 months.

Not sure how long it will take, companies do vary, but they should do so within a "reasonable time", as you will also be covered under the SoGA.



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I am beginning to feel a bit less worried, but as the warranty was part and parcel of buying the product as opposed to buying it as a separate add on (as I did with my computer) I am wondering what they will do with regard to taking over the guarantee or offering a cash sum that then means I take the risk if anything over and above that sum goes wrong.
when i first contacted them about the problem a very helpful young man told me that they(the c/c co) would claim back the cost of the hot tub against the retailer and credit my card( i thought that did not sound right as he said it would be the full cost!!)so I am now wary about what i am told unless as you point out it is in writing
If the c/c co do take over the warranty will I have to contact them when/if anything else goes wrong or if i have a query re water quality (the retailer gave me a written lifetime guarantee that he would visit free of charge every and anytime I had a query re water qulaity no matter how many times he needed to visit - I can't see the c/c co wanting to take over that - do you think they will give me the option of trying to find someone to take over the guarantee for the remaining time or offer me a settlement where as I said I have to take a chance on not being out of pocket - that was the whole reason I bought from this retailer, to give me peace of mind for 5 years as my health is very bad and I should not have any worry/upset as it excacerbates my condition - I wish I'd never bought the thing in the first place!!!!!!!!! but that can't be undone
Thank you for your advice and any that you can give re the above points

derrick

goldilocksblue wrote: »

I am beginning to feel a bit less worried, but as the warranty was part and parcel of buying the product as opposed to buying it as a separate add on (as I did with my computer) I am wondering what they will do with regard to taking over the guarantee or offering a cash sum that then means I take the risk if anything over and above that sum goes wrong.
when i first contacted them about the problem a very helpful young man told me that they(the c/c co) would claim back the cost of the hot tub against the retailer and credit my card( i thought that did not sound right as he said it would be the full cost!!)so I am now wary about what i am told unless as you point out it is in writing
If the c/c co do take over the warranty will I have to contact them when/if anything else goes wrong or if i have a query re water quality (the retailer gave me a written lifetime guarantee that he would visit free of charge every and anytime I had a query re water qulaity no matter how many times he needed to visit - I can't see the c/c co wanting to take over that - do you think they will give me the option of trying to find someone to take over the guarantee for the remaining time or offer me a settlement where as I said I have to take a chance on not being out of pocket - that was the whole reason I bought from this retailer, to give me peace of mind for 5 years as my health is very bad and I should not have any worry/upset as it excacerbates my condition - I wish I'd never bought the thing in the first place!!!!!!!!! but that can't be undone
Thank you for your advice and any that you can give re the above points

They can hardly claim back the cost of the hot tub against the retailer, as you say they have gone bust, hence why you are now claiming against the CC company under Section 75 as they are "jointly liable", I cannot see the CC company agreeing to the "lifetime guarantee" (can't even see the retailer would have honoured that one!).

If the CC company take over the warranty, (unlikely), then if and when a problem occurs, you would need to get estimates for repairs, then submit them to the CC company for them to decide if they are liable under SoGA, (same as the retailer would), however I would see the better outcome, (as happened with me), would be to receive the monetary value of the warranty from the CC company then purchase a stand alone warranty from another source.

This would have the effect of a new warranty from somewhere else, but the CC company would still be liable under Section 75/SoGA for the hot tub as if there was no warranty, so you would have 2 people to go after, i.e. if you did not purchase a stand alone warranty, then the CC company would still be liable under SoGA.



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popdog

first time used sight so apologies in advance for mistakes. Here goes! Bought a new car in April and traded in old car. Dealer agreed as part of trade in to settle previous car credit and new credit agreement (Santandar) was signed for new vehicle. Two months later I find out that dealer has now gone into liquidation and has not paid off previous finance but has sold the car that I traded in. Original finance company (Santandar) now hounding me for arrears. As the dealer did not settle the finance as agreed it would seem that he is in breach of contract and I can sue him for non payment however as he has gone 'bust' I think that section 75 entitles me to claim against the finance company for the money to settle the outstanding finance. Anyone else had this problem or anyone any advise, support, comments anything basically as I am sick with worry.

GeoffBeck

In the article you indicate that the credit card company is liable for the full cost even if only a deposit was paid yet in your letter template it indicates only claiming for the amount paid. I recently ordered bathroom equipment and tiles and paid a deposit of 40% as required. I paid the deposit by credit card. A few days later the retailer went into administration. Do I claim the 40% vpaid or the 100%?
In addition, because of the CC statement dates the deposit is now on my statement and I normally pay off the balance every month - this would cause cashflow problems if I were to go to another supplier - if I did not pay it off can I also claim back interest?

derrick

GeoffBeck wrote: »

In the article you indicate that the credit card company is liable for the full cost even if only a deposit was paid yet in your letter template it indicates only claiming for the amount paid. I recently ordered bathroom equipment and tiles and paid a deposit of 40% as required. I paid the deposit by credit card. A few days later the retailer went into administration. Do I claim the 40% vpaid or the 100%?
In addition, because of the CC statement dates the deposit is now on my statement and I normally pay off the balance every month - this would cause cashflow problems if I were to go to another supplier - if I did not pay it off can I also claim back interest?

You can only claim what you have paid, i.e the 40%, why would you think you can claim for something you have not paid? Unless you have received the goods and an invoice, but if that is the case you will owe the administrators the 60% outstanding as you will have the goods.

See WHICH re claiming all via Section 75;-
"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. It is the value of the goods you are buying that is key, not the amount paid on the card.
For example, if you bought a car from a small local dealer and paid a £500 deposit with your credit card and the balance of £4,000 by cheque, you would be covered for the whole £4,500 under section 75 if the dealer went bust before you received the car."


I do not think interest will come into it!



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