Section 75 refunds - article discussion

billyread

Hi Guys

First post on here.

I was supposed to be staying at the grange city hotel in london tonight with my girlfriend, however she was violently sick this morning so we couldnt go.

I called the hotel & explained the situation, they quoted that they had a 24hr cancellation policy & said they would not transfer the booking to a later date, all the said they could do was to give me a discount for a different date but still CHARGE ME £155 for todays reservation!!!!!

He said to me that they have wavered the cancellation fee before for "exceptional" circumstances such as a bereavement, but this does not qualify as exceptional.

would i have a leg to stand on if i went through the section 75 route?
(it was booked using my Credit Card)

Thanks

chanel38

Hi Derrick
First post for me,
The question i would like to ask is if you are making a claim under the section 75 protection,are you still liable to pay off your monthly credit card statement?
Thanks

derrick

chanel38 wrote: »

Hi Derrick
First post for me,
The question i would like to ask is if you are making a claim under the section 75 protection,are you still liable to pay off your monthly credit card statement?
Thanks

I would say yes, as your claim will be separate to your claim, (unless the whole of the claim is related to the whole of your bill), best ask your CC supplier for complete clarification.


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Dollypetals

Please can anyone tell me if s.75 CCA covers the following situation :-

“A tradesman demands payment from a customer for work he is doing.

This payment is made by the customer phoning up his credit card company, giving the business account name (a company name) and account details of the tradesman and asking for the cash to be transferred into that account.

The bank charges the customer a hefty fee for providing this service.

The tradesman subsequently defaults on the work and a claim under s.75 is made by the customer against the credit card company.

The credit card company say that this situation does not fall within s.75 as the merchant has not debited the customer’s credit card account directly. They say that this is a a balance transfer transaction and not a merchant transaction”.

What is the correct position please? If it is a borderline case, what additional evidence would need to be provided to show it fell within s.75?

derrick

Dollypetals wrote: »

Please can anyone tell me if s.75 CCA covers the following situation :-

“A tradesman demands payment from a customer for work he is doing.

This payment is made by the customer phoning up his credit card company, giving the business account name (a company name) and account details of the tradesman and asking for the cash to be transferred into that account.

The bank charges the customer a hefty fee for providing this service.

The tradesman subsequently defaults on the work and a claim under s.75 is made by the customer against the credit card company.

The credit card company say that this situation does not fall within s.75 as the merchant has not debited the customer’s credit card account directly. They say that this is a a balance transfer transaction and not a merchant transaction”.

What is the correct position please? If it is a borderline case, what additional evidence would need to be provided to show it fell within s.75?

I doubt the CC company is correct, you have still used credit!

Have you tried a Chargeback? (120 day time limit for claim).


.

krycheck

Hello. I purchased tickets for a boat cruise in New York on New Year's Eve. The cruise was supposed to include food, drinks champagne etc, but it did not. I paid by American Express, but they have told me that because the service was provided (even though it was not as advertised), they cannot help. They say I would need to provide proof that the services was not what I paid for.

Does this sound right?

Snowdon_Lily

Can anyone advise me whether I would qualify for a section 75 refund on a Cleo Q discreet pelvic floor exerciser from Cleo? This item cost me £200 but, after three weeks use has actually given me pain and discomfort and not done what it "said on the box" . Consequently, I am very reluctant to continue use. The company say that they will consider a refund only with a doctor's letter stating that the exerciser is the cause of my problems, but my GP is very wary and reluctant to supply me with such a letter to send to the company because she is not 100% certain - just says it "could be the cause" and recommends me to discontinue use. In the meantime, all I know is that I paid £200 for an item which I have used according to instructions, it has not done what it promised and caused me discomfort. the fact that I paid with my Nationwide credit card may be the only way I can obtain a refund for this terrible piece of equipment!! Is that a valid reason for claiming under section 75 does anyone know?

( my first post here)

formbyman

Dear Derrick, I am a first-time poster and looking for advice on a complaint against Ticketmaster, which I have been plugging away at since November last year. We bought on our Visa credit card two best seats at £130 each to see Andrea Bocelli at the Manchester Evening News Arena and the seating plan on Ticketmaster's website showed that our view would be significantly better than it was. Without going into all the details to save boring the forum readers, Ticketmaster said that they had raised this with the venue and that I would be hearing something. I have had no substantive response, and follow up emails do not produce an answer one way or the other.
I recently raised a claim in detail with my visa credit card provider who has refused the claim, as follows:

This is because your claim is based on the quality of the view from the seat that you chose to watch this performance from. If you believe that you have a case through Section 75 of the consumer credit act 1974 I would advise that you approach a financial advisor or approach consumer advice or a similar organisation to see if they agree.



From my experience and from the advice of the section 75 team at XX Credit Card Services we do not believe from the information you have provided in your email that you have a valid claim either through our disputes process or on a section 75 basis.



If you continue to believe that you have a valid case after taking advice, please put your claim into writing and support with any evidence you have and XX will review your claim and send an written response.

Do you have any advice on whether it is worth pursuing, and if so how?
Thanks in anticipation for your advice.

derrick

formbyman wrote: »

Dear Derrick, I am a first-time poster and looking for advice on a complaint against Ticketmaster, which I have been plugging away at since November last year. We bought on our Visa credit card two best seats at £130 each to see Andrea Bocelli at the Manchester Evening News Arena and the seating plan on Ticketmaster's website showed that our view would be significantly better than it was. Without going into all the details to save boring the forum readers, Ticketmaster said that they had raised this with the venue and that I would be hearing something. I have had no substantive response, and follow up emails do not produce an answer one way or the other.
I recently raised a claim in detail with my visa credit card provider who has refused the claim, as follows:

This is because your claim is based on the quality of the view from the seat that you chose to watch this performance from. If you believe that you have a case through Section 75 of the consumer credit act 1974 I would advise that you approach a financial advisor or approach consumer advice or a similar organisation to see if they agree.



From my experience and from the advice of the section 75 team at XX Credit Card Services we do not believe from the information you have provided in your email that you have a valid claim either through our disputes process or on a section 75 basis.



If you continue to believe that you have a valid case after taking advice, please put your claim into writing and support with any evidence you have and XX will review your claim and send an written response.

Do you have any advice on whether it is worth pursuing, and if so how?
Thanks in anticipation for your advice.

The only point I could make would be to call Consumer Direct in the first instance and depending on what they say you should then write again to Ticketmaster, (copy to CC), informing them if you do not receive a positive reply you will be issuing proceedings in the SCC for a refund and costs.

Consumer Direct phone numbers;-

Mon-Fri 0800-1830 Sat- 0900-1300

Consumer Direct is designed to operate from our 0845 number, so we cannot guarantee connectivity, but under many circumstances these landline numbers will work correctly.

East of England: 01438 737460
East Midlands: 01522 563000
London: 020 8799 9200
North-East: 01642 495600
North-West: 01229 842203 020 31035167
Scotland: 01851822401
South East: 01622 626520
South West: 01209 720333
Wales (English language): 02920 367800
Wales (Welsh language): 02920 367801
West Midlands: 02476 786610
Yorkshire and the Humber: 0113 201 3670

Consumers who call ConsumerDirect from a mobile phone are handled personally. We will offer to text a landline number to consumers who call us from a mobile phone, and who live in an area that is served by Consumer Direct, because calls from mobile phones to 0845 numbers can be much more expensive.


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Granadalad

If I buy services rather than goods which I receive in part only (eg gym or golf club goes bust part way through the year), can I claim for the proportion of benefit not received? I've read the Section 75 article and scanned a lot of messages in this thread, but haven't seen an answer.