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Section 75 refunds - article discussion

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  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    MMCG wrote: »
    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?

    Inform them that you will be claiming for the cost of the report if it proves you are right, they do need to know what is wrong with it, they cannot just take your word. Would you?
    The decision as what to do with it if it goes in your favour will be up to them not you.

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


  • Creditmug
    Creditmug Posts: 3 Newbie
    edited 31 March 2011 at 12:01PM
    Hi all,
    In the process of trying to get approx 6k back from the RBS since Dec last year using a sec75 claim. How long does the bank have to process the claim ? I'm about to give them a call again today which is 8 weeks from the last time I was contacted by them, I think i read somewhere 8 weeks is the appropriate timescale but you read sooo many things on the interweb :)
    Bit of background made an order in July from a company and promised a 3-4week delivery, never happened.
    Went to the States for a month so didnt bother pushing too much and requested delivery after I got back, this happend but only part of the order was delivered and of that the items were either the wrong spec or wrong size also no parts list etc. so I gave the company 2 weeks to correct issues(in writing), they didnt answer till after the 2 weeks trying to stall again so I started the claim via the bank.
    The company has since went into liquidation and sold their "brand" to another company.

    Sorry I am being vague on purpose ;)

    edit to add - I called the bank last week and was told it would be a few days to a week and I should get a response, the lovely lady did mention something about running out of time ?

    Just wondering when i should approach the FOS with a complaint.

    cheers
  • Well, odd conversation. Apparently the claim was authorised in February but it hasn't been actioned since. And by actioned I mean me getting my pennies :(
    The chap on the phone says he will personally monitor the account and call me once its proceeds to completion.

    /holds breath


    Creditmug wrote: »
    Hi all,
    In the process of trying to get approx 6k back from the RBS since Dec last year using a sec75 claim. How long does the bank have to process the claim ? I'm about to give them a call again today which is 8 weeks from the last time I was contacted by them, I think i read somewhere 8 weeks is the appropriate timescale but you read sooo many things on the interweb :)
    Bit of background made an order in July from a company and promised a 3-4week delivery, never happened.
    Went to the States for a month so didnt bother pushing too much and requested delivery after I got back, this happend but only part of the order was delivered and of that the items were either the wrong spec or wrong size also no parts list etc. so I gave the company 2 weeks to correct issues(in writing), they didnt answer till after the 2 weeks trying to stall again so I started the claim via the bank.
    The company has since went into liquidation and sold their "brand" to another company.

    Sorry I am being vague on purpose ;)

    edit to add - I called the bank last week and was told it would be a few days to a week and I should get a response, the lovely lady did mention something about running out of time ?

    Just wondering when i should approach the FOS with a complaint.

    cheers
  • MMCG_2
    MMCG_2 Posts: 280 Forumite
    I foned the fOS yesterday who told me that they can take on the case if I need to go that route 8 weeks from I sent the first letter to the cc company.

    So I took the tv today to get a report drawn up. When I took the receipt out to check the exact date of puchase the receptionist noticed my warranty paperwork stapled to it and said that he was 99% sure that the warranty was with the TV company in the first place. He was very pleasant ans said he would check it out, and get them to authorise the fix if he was right. Otherwise he would do the requested report for a charge. Interestingly he told me that the company who originally sold the tv before going bust had charged another customer £200 for a 5 year warranty that was supposed to be free with the tv in the first place! Same make of tv. Anyway, I will be fine with a repair if that's what happens. Found the whole thing very interesting!
    2p or not 2p? That is the question!
  • burnoutbabe
    burnoutbabe Posts: 1,338 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    is this situation covered?

    ordered a new kitchen and installation of it last year, all paid for on credit card (£10k). all was okay apart from the hot water pressure was very low compared to what it was before. They said it just needed the taps swapping and did it once, then said needed another tap to work, then went into liquidation.

    I have today paid for a new tap and a new plumber to come around to fit it. The plumber said it wouldn't make a difference, due to my boiler placement, i'd need a pump to get hot water pressure with any mixer tap. (old kitchen had 2 seperate taps). I am returning the tap, paid pumber £120 and new pump/installation would be £500.

    So what would my claim be for? cost of call out to confirm issue (£120) and/or cost of fixing it of £500?

    not sure how section 75 covers these sort of "failure of services" as it was the companies fault for not identifying their would be an issue with mixer taps in a flat in the first place (and changing the design to seperate taps or putting a pump in their plan).
  • Foxy57
    Foxy57 Posts: 2 Newbie
    edited 11 April 2011 at 8:35AM
    This is maybe a bit different but about a year ago I paid for a Marketing Course (USA based) following buying an online affiliate marketing programme. I got a phone call a day or so later from a man called Nick Peppelaar (yes - Googling a name after the event is quite revealing) who began by saying something about me buying a programme and did I want to have mentoring on a one-to-one basis for getting the best out of marketing etc. etc.
    Well the upshot I'm sorry to say is that I believed his spiel and still thinking it was relating to the earlier programme I'd paid for (perhaps $49 or $97) I decided to sign up as having tuition from people who knew what they were doing had to be a good thing - didn't it? I was introduced to The Paragon Academy.com and very soon I had a mentor who rang once a week for about 12-14 weeks giving me advice on how to do SEO and PPC and Adsense and so on, all good stuff and I was doing ok but finding it REALLY hard having to talk with someone about this kind of thing. I've done Network Marketing (unsuccessfully) for some time and like to work alone so this was very new, having a call about it which meant I had to do the work in the meantime - at someone else's speed, not mine!

    This means now that I am paying back the money laid out off a 0% CC but it is crippling me because I want it paid off quickly though I haven't earned ONE CENT from anything the guy down the line taught me. OK, I have access to the training programs and videos on the site but I don't have time to do it as I'm really busy with my own business (been doing it 30 years) and I need to work the 45hrs+ per week to keep where I am. I just wondered if any of this constitutes mis-selling because the guy cold-called me, unsolicited off the back of something unrelated and unconnected and could I make a claim against the Sec 75 on the Mastercard with which I bought the programme?

    I thought someone on here may have the knowledge how to go about it, if it would be worthwhile.
    I need to pay tax sooner than I will have paid this debt off and at present that is taking all of any saving I would be doing for tax. Who is worse, the CC or HMRC?!?

    Foxy57
  • Oh well,
    Would have been to much to expect a bank to do what is suggested on the phone. Received a call saying the bank had ran out of time to make the claim via mastercard proceedures, bit of a shock really considering they had everything they needed for 8-9 weeks sitting doing nothing.

    Sooo claim passed to some sort of exceptions department who call and rather abruptly ask amongst other things " what are you trying to achieve from this" What a rude tard !
    Anyway the bank now wants me to pay for a specialist to quote on supplying all the missing parts of the order, of course it isn't that simple as no parts list was originally provided and without building the parts that are there it is a very tall order to tell what is missing.

    So I had the "specialist" company come up for a quick view and discussion(another 60 quid) and am told he can quote me for 2 pool fitters to spend a day sorting through everything. Probably about 600 pounds or so.

    Spoke to the fos and whilst they can't comment on what the bank can and can't ask me to do/pay for they can start a complaint and if the bank hasn't given me a final response before 8 weeks pass call them back.

    /end of tether
    Creditmug wrote: »
    Well, odd conversation. Apparently the claim was authorised in February but it hasn't been actioned since. And by actioned I mean me getting my pennies :(
    The chap on the phone says he will personally monitor the account and call me once its proceeds to completion.

    /holds breath
  • mitcho_uk
    mitcho_uk Posts: 129 Forumite
    Hi,

    I purchased two new doors for our house last September from a local company. I paid a £250 depoist on a cc and the rest on finance via Barclays Partner Finance. We have had a few problems with the doors in the fact that the fixing bolts keep working loose, meaning the doors won't close properly (or at all on a couple of occasions). The company came out to fix the issues but they keep recurring and the doors have become damaged. I went into the offices today to complain and ask them to cone out once again to rectify the issue, we had a 5 year labour and manufacture guarantee on the doors. However I have since found that the firm has gone bust.

    Can we claim under section 75 as the doors are damaged due to faulty fitting? I assume that you would normally have to return a faulty product, this maybe a silly question but would we need to return the doors?

    Thanks
  • Hello!

    Is there a time limit on these things for a section 75 claim to be valid?

    Thanks
    Normally - up to six years for S75 under the CC act.
  • :j Bought flights from BMI Baby ( see other forums for non existant/expensive customer service). Paid £46 return for two extra legroom seats. BMI Baby changed the plane (and the row numbers) but could not be bothered to change the booking to honour the deal - consequently, no extra legroom available.

    No reply from BMI Baby after letters to their Castle Donnington head office. Telephone calls to them cost 67p per min - just to listen to their options and music.

    Told credit card company - who said " minimum amount is £100 under section 75". Not so in this case said I. Total cost of tickets £380 so the £46 is covered as the total cost was over £100.

    Credit card company refunded the £46.
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