Section 75 refunds - article discussion

clare0404

Hi,

Could anyone please advise me if there is anything I can do about the following:

I purchased an item from overseas (China) for £90.00 on my Mastercard, the item never arrived and the retailer does not respond to my emails.:mad:

I know there is a rule for payments over £100, but can anything be done if it's under this amount?! Or did I just get scammed?!:(

Many Thanks
Clare

derrick

clare0404 wrote: »

Hi,

Could anyone please advise me if there is anything I can do about the following:

I purchased an item from overseas (China) for £90.00 on my Mastercard, the item never arrived and the retailer does not respond to my emails.:mad:

I know there is a rule for payments over £100, but can anything be done if it's under this amount?! Or did I just get scammed?!:(

Many Thanks
Clare

Section 75 does not cover purchases under £100.
You could try Chargeback. "MasterCard operates an equivalent scheme, but this only applies to MasterCard credit card payments, not to purchases made with a Maestro debit card."



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Queries

i am sorry to say the FOS are on the side of the banks, insurers etc.. How many success stories are there on this website? None!!

floart

saw this and thought i'd post my recent section 75 "success". i did not get compensation for a year of inconvenience, but after many many letters and lots of arguing the toss, i got a big refund from my bank.

i had an engine replaced by what i quickly found to be a less than reputable company than in fact are now no longer trading. i paid on my credit card believeing that there might be some protection this way. the engine took them 3 months to install, then broke down almost immediately, with permanent irrepairable damage. i contacted the bank who told me how to put in a claim, but then sat on it and eventually 2 months later, on the last day before i could put in a financial ombudsman claim, they wrote back to me to say no they wouldn't give me anything but £100 goodwill for the delay in reply.

so i put in a complaint to the ombudsman with lots of evidence. over a period of 6 months the bank decided to claim they had made a mistake, offer me a refund but not out of pocket expenses for the few times when i had to use a hire car, for example. after over a year, last month the bank finally setlled. i gave up and didn't complete the full ombudsman ajudication due to having no desire to spend another winter without transport (i walked about 2000 miles this year already)
in the end i got a full refund, interest refund, all out of pocket expenses and £100 goodwill payment.

trying to get money back under section 75 has been very difficult, and took a lot of standing my ground, and in the end i gave up and accepted a lesser offer than i would have liked as it had gone on for too long and left me without a car for over a year.

my claim was for several thousand pounds, and the bank fought every step of the way.
from my personal experience, my advice to anyone is don't accept what the ombudsman first offers you if you think it is unfair... you can refuse and wait for the financial institution to make a better offer, especially if you have evidence to back up your claim. and if this is still not enough, you can ask the financial ombudsman to ajudicate, but this takes so very long to get to this stage that i just accepted the banks third offer rather than wait any longer.

phew that was long, hope it's of use to a few people

sezls

From about August this year i was contacted by quite a few advertising firms regarding advertising my business in their publications. I was sent proofs of my advert and told that i would be sent the wall planners, diaries, books etc. I have paid a substantial amount with my Visa Debit Card and I have not received any forms of publications from these people since I have tried to contact them and get no response or they say that they have sent them and that basically tough luck.

After reading some of these posts I am still really unsure as where to go to get my money back from these people, Section 75 or chargeback even though chargeback is for £100.00 and under and some of these range from £150.00 to £350.00, can anyone help me with this please.:p

derrick

sezls wrote: »

From about August this year i was contacted by quite a few advertising firms regarding advertising my business in their publications. I was sent proofs of my advert and told that i would be sent the wall planners, diaries, books etc. I have paid a substantial amount with my Visa Debit Card and I have not received any forms of publications from these people since I have tried to contact them and get no response or they say that they have sent them and that basically tough luck.

After reading some of these posts I am still really unsure as where to go to get my money back from these people, Section 75 or chargeback even though chargeback is for £100.00 and under and some of these range from £150.00 to £350.00, can anyone help me with this please.:p

S75 does not apply to debit cards. so your only option is a charge back, the amount is irrelevant.

See my link in post #373 above, don't forget there is a 120 day limit for claiming.


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chrisjeffries

Hi All,

I am looking to purchase i certified diamond abroad. It is currently in a sealed box with a GIA certificate.

However, I want to have this made into a ring, and my concern is that the diamond could be swapped for one of lesser quality without my knowledge.

If I got it checked in the UK and found this to be the case, would section 75 cover me for this (i.e. good not as described)?

Thanks

yellowplum

Section 75 doesn't apply to purchases made abroad, chargebacks do work on non receipt of goods from Debit Cards, it does depend on your bank how it works - however I have successfully obtained chargebacks on debit cards also.

With regards to S.75 it does work when used against the credit card company, I have had success with it on two separate occasions in court. Although on the second occasion a gag was part of the settlement not to reveal any details of the action.

RichTeaBiscuits

I found this article which may be help to someone.
http://www.choose.net/money/guide/articles/credit-cards/section-75-of-the-consumer-credit-act-guide.html

VISA chargeback scheme for under £100 (credit card & debit card).

"Section 75 allows you to claim for the credit card transaction and any associated losses associated with the breach of contract."

Section 75 sample letters

derrick

yellowplum wrote: »

Section 75 doesn't apply to purchases made abroad,

Yes it does, Section 75;-

"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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