Section 75 refunds - article discussion

derrick

Craig-W wrote: »

I've been trying to get a Section 75 claim resolved over a faulty car purchased last year. Since the dealer is refusing to acknowledge that the car was faulty (citing wear and tear), the CC company have said that they can't settle any claim under Section 75 and my only option now is to take the dealer to small claims court.

Is there any reason why I couldn't/shouldn't claim against the CC company instead? The dealer has been very aggressive in all dealings with them, so I do have some concerns over what may happen if I'm successful against them. Is the CC company a safer bet? Anything I should be careful of if going down that route?

Cite them both on the claim, there is nothing to stop you doing this.

Example;-
"if you have a problem with something you’ve bought with a credit card, you may want to take the matter up with the credit provider rather than the retailer. This could be because the retailer has refused to help, hasn’t answered your letters, or has gone bust."


FAS;-
"Claims are often made against the card issuer when the supplier has gone out of business or disappeared. Firms will sometimes tell customers that they must first get a court judgment against the supplier. That is wrong. The customer can choose whether to claim against the supplier, the card issuer, or both."


Might also be worth a read of MSE,s guide to S75.


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splashproof

I'm currently pursuing a Section 75 with HSBC Card Services for £700 and at the same time I have sent a LBA to the retailer involved in the transaction.

The retailer is being obstructive and HSBC have taken nearly three weeks to respond to my Sec 75 request. I've been told it should be with me within a few days. I was hoping to sort it out under Sec 75, but by the time the forms reach me and then a futher 6 weeks ( HSBC quoted time frame ) to sort it out. The retailer would have had my 7 day LBA for nearly two months.

Now for the question :

If after 6 weeks HSBC stall me out and I end up taking the retailer to court, will my case be weekened due to the LBA being sent to the retailer some 2 months prior ?

Can I speed HSBC up and are they likely to play ball

PinkBatgirl

I ordered a wedding dress from a site on Sunday, claiming to be selling the genuine articles but on sale. I've since done my research (should have done it before ordering but just didn't think, was too excited!) and everyone agrees that the dresses on this site, coming from China, are knock-offs. I haven't, however, found an account of anyone who has actually received the dress and can confirm if it was genuine or not.

I want to cancel my order now but I don't know if I'm covered by Section 75 since I can't prove that the dress will be a fake. Can anyone advise?

derrick

PinkBatgirl wrote: »

I ordered a wedding dress from a site on Sunday, claiming to be selling the genuine articles but on sale. I've since done my research (should have done it before ordering but just didn't think, was too excited!) and everyone agrees that the dresses on this site, coming from China, are knock-offs. I haven't, however, found an account of anyone who has actually received the dress and can confirm if it was genuine or not.

I want to cancel my order now but I don't know if I'm covered by Section 75 since I can't prove that the dress will be a fake. Can anyone advise?

You can cancel under DSR without any reason even before the goods have been delivered, if you have problems and the goods cost more than £100, you can claim under S75 if they don't arrive.


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Equaliser123

derrick wrote: »

You can cancel under DSR without any reason even before the goods have been delivered, if you have problems and the goods cost more than £100, you can claim under S75 if they don't arrive.


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DSR won't apply if it is a China-based seller.

craighoyland1985

Hi

I recently was paid back by my credit card company under section 75 due to a company going bust but how long does that company have to dispute the claim?

My CC company say I shouldn't spend the money during this period but I don't know how long I should wait...

Thanks

splashproof

craighoyland1985 wrote: »

Hi

I recently was paid back by my credit card company under section 75 due to a company going bust but how long does that company have to dispute the claim?

My CC company say I shouldn't spend the money during this period but I don't know how long I should wait...

Thanks

If your CC provider is stating you shouldn't spend any money in case the merchant disputes the claim, then you have NOT been refunded under Sec 75. You have been refunded under the banks own chargeback scheme.

If you see my earlier post, you will see I couldn't get any answer to basic Sec 75 questions. Since then I have been on a mission and collated facts in law regarding Sec 75 . Its a minefield !

jumpers12

Anyone know of equivalent protection in the USA? That is, for a US-based CC?

splashproof

jumpers12 wrote: »

Anyone know of equivalent protection in the USA? That is, for a US-based CC?

You may find something relevent here :

http://www.usa.gov/Citizen/Topics/Consumer_Safety.shtml

MMCG_2

Where to start? I made a claim on tv I bought in aug 09 with 5 year warranty. Both are together on the receipt. Sent paperwork to company with receipt etc. First they wanted me to track down administrators etc which I did and sent copy of the reply. Next they want me to obtain a professional report on what problem with tv is and how much to repair, as it is a service I am supposedly claiming for! This will cause me a lot of added prOblems and stress as I don't know anyone who can do this for me and it will prob cOst me too! They say they need it to make sure the problem isn't caused by wear and tear. It's not. It's a problem with the power supply into a seldom used tv, a friend has told me. I don't want a repair. I have since purchased a different tv. What do I reply to them. Of course they have apologised for inconvenience in advance...
Can I tell them to organise the report etc? What else do I say- tell them I'm taking it to the financial ombudsman?