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Section 75 refunds - article discussion

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  • Thanks Derrick - a misunderstanding on my part of some of the examples given.
    Interest comes into it if I can't pay off the balance - if I pay off the balance I will not have the funds available to order the materials from another supplier and will have to wait until the credit card company refunds me - if I don't pay off the balance then the credit card company will be charging me interest on what they owe me and it will be in their interests (excuse the pun) to delay payment
  • Hi all, If i claim back a partial refund using Chargeback, does that affect the claim i am making against the supplier for the full refund?
    Please can you guys advise?
    Many thanks.
  • Hi everyone

    Can anybody offer some advice???

    We're due to go on holiday next month all booked and paid for online with credit card in march through
    fresh holidays(aldi travel(onholidaygroup))
    you can already see the problem i'm sure :s

    the problems strated when they changed our flight times twice.....the times have been altered by 12 and a half hours both inbound and outbound....our child is still in school which prevents us from going at the new times.

    bearing in mind had we booked these stupid middle of the night times we would have saved over £300 on the cost of the holiday:mad:

    6 emails each, to several different addresses, for all 3 companies AND a letter sent recorded delivery!!!! absolutely no response from any of the companies?????

    We also contacted the hotel as we had some special medical requirements we needed to discuss.........to our horror the hotel have no such booking GREAT we tried contacting the company again NOTHING

    All we want to do is have the family holiday we've been looking forward to all year.
    Where do we go from here???
    Can we claim money back on credit card in time to rebook a holiday?

    Hope someone can help
    Thanks
  • bunple
    bunple Posts: 22 Forumite
    I bought a return flight to Bangkok using an online travel agent, I received confirmation invoice from the travel agent on which all the details were correct, when I phoned the airline to confirm the booking they told me because the travel agent had not confirmed the booking they had cancelled it, now the travel agent can't book the same dates (plane full) and insists I pay extra to travel different dates.

    Does Section 75 apply as the service (tickets) were never supplied?
  • Liongirl
    Liongirl Posts: 12 Forumite
    Hi, I recently paid for a holiday on my credit card. To cut a long story short, our destination airport was closed due to a strike so we had to fly to another airport, get two buses back to our original airport and would have then been collected by the tour company. Unfortunately they collected the group from one bus, but did not look or wait for me who was on the other bus, so I was left on my own at a deserted airport in the middle of the night abroad. The contact number they provided was wrong, so I couldn't even contact the local tour company to arrange collection. I ended up having to take a normal bus and the bus driver took pity on me and took me to the hotel. I complained to the tour company who have just refunded me £150 and would not offer any more (but the holiday cost of £800). Now i'm wondering if I should put in a claim to the credit card company as well? Do you think they would uphold the claim? Should I claim £150 from them which would match the tour company? I've never claimed using section 75 before, so am unsure of what's best. Any advice would be much appreciated! The whole episode ruined the trip, as I was only away for 3 nights and the first night completely ruined it.
  • GFA
    GFA Posts: 102 Forumite
    I'm looking to purchase an item online that costs £245. Can someone advise in case anything goes wrong (i.e. non-delivery) and I pay on my mastercard via sagepay or protx, will I still be able to make a s75 claim on my mastercard?

    I'm asking in advance because I've been caught out before with paypal who only allow 45 days to make a dispute/refund - the item I purchased had a 6 wk delivery time paypal didn't want to know as my claim was obviously outside of this period - I won't be using them again for purchases over £100. The item I'm thinking of purchasing also had a 4 -6 week delivery time.

    Thanks
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    GFA wrote: »
    I'm looking to purchase an item online that costs £245. Can someone advise in case anything goes wrong (i.e. non-delivery) and I pay on my mastercard via sagepay or protx, will I still be able to make a s75 claim on my mastercard?

    I'm asking in advance because I've been caught out before with paypal who only allow 45 days to make a dispute/refund - the item I purchased had a 6 wk delivery time paypal didn't want to know as my claim was obviously outside of this period - I won't be using them again for purchases over £100. The item I'm thinking of purchasing also had a 4 -6 week delivery time.

    Thanks


    If you pay via a third party, i.e Paypal, then S75 will not cover you, see first section of WHICH

    "There are some more complicated transactions where the company that dealt with your card payment is not the same as the one that provided the goods or services. In these cases, section 75 of the Consumer Credit Act 1974 may not apply.

    For example, if you buy something online and use Paypal or a similar payment service, your card payment is made to Paypal (on the agreement they will send the same amount to the trader).
    But, since no credit card payment is actually made to the trader, the credit card company isn’t jointly liable if there is a problem with the goods or service."






    .
    Don`t steal - the Government doesn`t like the competition


  • GFA
    GFA Posts: 102 Forumite
    derrick wrote: »
    If you pay via a third party, i.e Paypal, then S75 will not cover you, see first section of WHICH

    "There are some more complicated transactions where the company that dealt with your card payment is not the same as the one that provided the goods or services. In these cases, section 75 of the Consumer Credit Act 1974 may not apply.

    For example, if you buy something online and use Paypal or a similar payment service, your card payment is made to Paypal (on the agreement they will send the same amount to the trader).
    But, since no credit card payment is actually made to the trader, the credit card company isn’t jointly liable if there is a problem with the goods or service."






    .

    Thanks - I know that this is the case with Paypal (unfortunately) but what I'm not clear on is whether the same applies to sagepay & protx etc. Do these organisations operate on the same principle as paypal? Do they just process payments on behalf of the retailer so s75 is applicable?

    Sorry for the questions but once bitten twice shy!! I guess my other alternative would be to do it the "old fashioned" way and call the company and give them my card details over the phone - that way I know I'll be covered!
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    GFA wrote: »
    Thanks - I know that this is the case with Paypal (unfortunately) but what I'm not clear on is whether the same applies to sagepay & protx etc. Do these organisations operate on the same principle as paypal? Do they just process payments on behalf of the retailer so s75 is applicable?

    Sorry for the questions but once bitten twice shy!! I guess my other alternative would be to do it the "old fashioned" way and call the company and give them my card details over the phone - that way I know I'll be covered!

    From my post/link;- "use Paypal or a similar payment service".

    "since no credit card payment is actually made to the trader, the credit card company isn’t jointly liable if there is a problem with the goods or service."

    Therefore I would say this covers your Q, " I'm not clear on is whether the same applies to sagepay & protx etc.".



    .
    Don`t steal - the Government doesn`t like the competition


  • GFA
    GFA Posts: 102 Forumite
    Thanks I will call the retailier directly.
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