Section 75 refunds - article discussion

lottiesmum0

Hi I am new on here and wonder if anyone can help me? :wave::wave:

We booked a hoiliday with On The Beach to go to turkey in July. Unfortunately 3 days before travelling Goldtrail went bust and these were who the flights were booked with. This meant that we could not physically get to Turkey and therefore could not use the hotel.

On looking at the booking we then found that On The Beach had booked the hotel through hotels 4U.

We are currently in the process of getting the flight money back from the Civil Aviation Authority, but On The Beach are saying that they will not pay out on the accomodation.

Therefore we are wondering of we can claim back the accomodation money through the credit card? We pain £1000 of the £1900 on the card. I have just looked through the information on the section 75 and I am a bit worried as how this would happed when On the Beach booked through Hotels 4 U - does this mean that there is a third party and we cannot claim?
Any advice would be appreciated.

jjpeter

Hi,

I tried to book a hotel in Paris via Travelocity TWICE but some "system error" message was displayed on screen both times. I did not get any booking confirmation on screen or via email. I gave up and arranged my accommodation elsewhere. I had to enter the credit card details in Travelocity but nothing was charged to my card by them. They had merely passed on my credit card details to the hotel.

In the next month credit card statement, I found that the hotel had charged my card TWICE for the same night which I did not stay.

Now,

• Amex card customer care says that I should check with Travelocity and the hotel.
• Travelocity say that they do not have any record of my bookings and they cannot help as they did not charge my credit card.
• The hotel say that they received the bookings from Travelocity along with the card details and they consider the bookings "no show" and hence charged for the first night.

Has anyone had any previous experience similar to this? Will I be eligible for Section 75 refund from Amex in this scenario?

Thanks in advance

MrNotty

Hello I am not sure if this query has been answered. In Martin's guide to protection via credit card payments he staes it covers non-Uk purchases. However in this website it says

"Other ways to protect yourself include paying by credit card if your flight or holiday is from a UK-based firm and costs between £100 and £30,000, as your card provider is then jointly and severally liable for any losses you incur due to the airline or travel company going out of business or letting you down in some other way.

Remember, though, that just because a company has UK within the website name, this does not necessarily mean that the company operates within the UK and under UK jurisdiction". Wallet Pop UK

Please could someone clarify.

We are hoping to travel to the states and may book flights with an American airline.

Thanks

derrick

MrNotty wrote: »

Hello I am not sure if this query has been answered. In Martin's guide to protection via credit card payments he staes it covers non-Uk purchases. However in this website it says

"Other ways to protect yourself include paying by credit card if your flight or holiday is from a UK-based firm and costs between £100 and £30,000, as your card provider is then jointly and severally liable for any losses you incur due to the airline or travel company going out of business or letting you down in some other way.

Remember, though, that just because a company has UK within the website name, this does not necessarily mean that the company operates within the UK and under UK jurisdiction". Wallet Pop UK

Please could someone clarify.

We are hoping to travel to the states and may book flights with an American airline.

Thanks

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#overseasandonline

Q- Are overseas and web purchases protected?

"A. Yes. This used to be a hot potato, but in 2006 this got to the Court of Appeal and it confirmed this applies to everything you buy. Whether it’s in the UK, abroad or on a foreign website, Section 75 applies. This is a real boon, as often if you buy something abroad it’s much more difficult to get in touch with the retailer. So don’t bother, simply make a claim directly against the credit card company."


See WHICH;- "Items bought overseas are also covered under section 75 of the Consumer Credit Act"

Another WHICH page; - "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.The House of Lords has also confirmed that the protection applies if you buy goods for delivery to the UK from overseas by telephone, mail order or over the internet."

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MrNotty

Thank you for your prompt and helpful reply!

Mike_Francis

I purchased 2 tickets for the V Festival on June 10th this year, and I recently found out that the company I bought them from has gone into liquidation. Having read the information on Section 75 I am now aware of the exemption that exists when purchasing via a 3rd party. However my query relates to the fact that; I purchased directly from a ticket agency and secondly purchase of these tickets can only be made via an agency (a number of different sites offered these tickets). Does anyone have an opinion or advice on whether I could still claim under Section 75?... Help!

:eek:

raviayer

A year ago (August 20) I got married. I paid £1250 on a credit card for a wedding photography package. The photographer turned up and took the pictures. We received a CD of the pictures taken on the day, but the package included a bunch of other items including a canvas, photo albums and coffee table books etc which we have not received. Despite numerous protestations (phone calls, lettes, emails) to the company, the items have not been forthcoming - we have been told that they are on their way for months. It has now been a year and I believe that I have allowed reasonable time for the photo company to get its act together.

I eventually turned to my credit card company to reclaim the money. After some hassle, the credit card company is looking into it. Rather than simply refunding the money, the credit card company is trying to negotiate with the company to get the items sent to me. I have tried this for a year - but I guess I am the small man on the street!

I am worried that the photography company will send a substandard product to me to get the credit card company off his back. I have lost all faith in the photography company and do not trust them to deliver a quality product as promised. I just want the money back so I can pay for the photgraphs on the CD to be put into an album by someone else. Is it possible to force the credit card company to give me my money back rather than receive a substandard product (a year late)from the photography company which will then render the matter closed?
Any advice would be great.
Thanks

jockster

In an earlier thread I posted about having problems with a vinyl flooring laid by a carpet company. I made a claim under section 75 and was succesful. It was a very speedy process taking just a couple of weeks, considering it had taken so long trying to get a response from the carpet company itself. It has cost me something in having a 3rd party opinion but it is not worth pursuing for the cost of that, particulary as the carpet company has now folded.

It is definately worth paying by credit card for a service such as this.

One other thing we have learnt is cheapest is not always best!

kisma11

Hi just thought you would like to know of the problem i am having with my credit card under section 75. in January 2010 we were delivered a leather suite which was purchased using my debit card for the deposit and my Credit Card for the balance outstanding. We noticed upon delivery that the suite was damaged underneath and chose to reject it immediately but, before they would accept our rejection the furniture shop said, they needed it to be inspected. I wont bore you with the full story suffice to say that we were told that we could have it repaired, which we refused and was then told that they would not cancel our order.
After 5months of writing to both the furniture supplier the credit card company (as this is a court case i am not at this time naming and shaming only presenting the facts about authorised users) and receiving no satisfactory solution we took the matter to court under The Sale of Goods Act and Section 75 of the Consumer Credit Act.
It was not until June 2010 after 8 letters of comunication that the credit card company via their legal team advised me, through the court that they were not liable, as my husbands name was on the invoice therefore he is the First Claimant,and it was my card (the main user) that was used to pay the balance, and as my husband was only an authorised user they said and i quote "that although the Claimant is an authorised user of the Credit Card that was used for the Transaction he was not a party to the Agreement and as such he is not the debtor under the Agreement, in the circumstances the second defendant (the credit card supplier) denies that it is jointly and severally liable to the claimant for any claim that the claimant may have against the first defendant (the furniture supplier) for breach of contract and/or misrepresentation". Please be aware if you are ever in this position.and check first i know that the Nationwide do not take this view and i wish i had used that card as i do hold one. I am still fighting my case without legal help due to costs and am awaiting a date for the court hearing will keep you posted.

derrick

You should be covered as your husband "benefits as the main cardholder".

See WHICH under "Additional cardholders", the example is about a gym, but the same principal applies;-
When section 75 does apply

In contrast, take the example of a husband and wife buying a holiday club membership in joint names. The wife makes the purchase using her secondary cardholder card on the husband's credit card account. They say that the nature of the membership was misrepresented to them and the husband claims against the credit card provider under section 75. In this case section 75 does apply - the husband is a party to the joint purchase and will benefit from it, so section 75 applies even though they used the wife's card instead of the husband's to pay for the membership.










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