Section 75 refunds - article discussion

debjay

kowalski181 wrote: »

i too have bought with asda santander credit card so am luckily covered, can you tell me who the adiministator is so i can advise santander. hot fires advised me that they should have receievd goods for £1100 i paid a while ago so am going to contact supplier stovax but doubt will have any luck
thanks


[
QUOTE=debjay;43495882]Hi

Looking for some advice here please. I ordered from a company called Hot Fires and paid on my Santander Zero CC. Luckily the order was £105. The company have now gone into administration

I have today telephoned the administrators and was told to seek a refund via my CC. I phoned Santander to be told that I need a letter from the administrator confirming that they wont be refunding me. Is this usual?

Also when my statement arrives all it will have on it is this transaction. Do I have to make a payment if I am disputing the transaction? What happens if I make the minimum payment and then incur interest charges? Will I get these back? If I pay the CC off in full will the CC company be less likely to refund my money?

Sorry for all of the questions

[/QUOTE]

Sorry cant remember the name of the administrator but if you call Hot Fires there is a message giving name and number of the administrator. If you pm me I will give you the number.

Santander want confirmatin in writing from the administrator that they wont be refunding any money before they think about refunding themselves

debjay

I have searched the number I have and its Sale Smith and Co. Hope this helps and you get things resolved quickly.

I only realised there was a problem when I couldn't get hold of Hot Fires either by phone or email.

Does anyone know if its usual for the CC company to ask for written proof before they action a refund?

Also what is best? Make minimum payment and claim for interest or pay in full? How long does this usually take?

kowalski181

many thanks for details, will do some digging about chargebacks to accounts from out of busniess firms, i dont think it matters whether or not firm has gone into administration proof shouldnt be required but will certainly get money back either way, remember with all the holiday companies going bust

natjam100

Hi

Could anyone tell me if interest on the actual section 75 refund can also be reclaimed.

Barclaycard have agreed to reimburse me £6000 but this has been dragging on for just over two years with the company involved so I wondered in I could claim these charges on top.

Thanks

kowalski181

debjay wrote: »

I have searched the number I have and its Sale Smith and Co. Hope this helps and you get things resolved quickly.

I only realised there was a problem when I couldn't get hold of Hot Fires either by phone or email.

Does anyone know if its usual for the CC company to ask for written proof before they action a refund?

Also what is best? Make minimum payment and claim for interest or pay in full? How long does this usually take?

spoke to santanders charge back team, gave details of administrator but we are not expected to chase administator. can vary massively on how long before refund sent,they advised would be sending via post any information such as order nhumbers i have to help their enquiry

debjay

The lady I spoke to at Santander was in a dept called "Disputes". She was sending me the paperwork needed to start the process but said they will need written confirmation that the company has gone into administration from the administrator. Also that they wouldn't be refunding me. It seems that they tell a different story each time

floart

natjam100 wrote: »

Hi

Could anyone tell me if interest on the actual section 75 refund can also be reclaimed.

Barclaycard have agreed to reimburse me £6000 but this has been dragging on for just over two years with the company involved so I wondered in I could claim these charges on top.

Thanks

yes - from personal experience last year, i had all sorts of associated costs relating to a £similar value claim, which i had to fight tooth and nail for, but after 7 months of communicating via the fos, i got almost everything i asked for, plus i was given interest on all the costs without particularly demanding it... hth

grainged

I need some advice please from anyone out there please!

In October 2008 I bought a diamond ring for ~£2,400. A couple of months ago I went to sell the ring and found to my horror that it's colour and clarity were significantly below those stated on the certificate....in nutshell I was ripped off and I've since had the ring re-graded for evidence against the retailer.

I made the payment using a credit card, but paid it off within 12 months and closed the account. However, I've heard that credit card providers are jointly liable with the retailer under Section 75 of the Consumer Credit Act 1974 and remain so for a period of 6 years after the purchase. Does this remain the case even though I've no longer got any outstandings on the credit card and the account is closed? If so, I presume I can still make a Section 75 claim for this situation through the card provider?

Thanks!

natjam100

floart wrote: »

yes - from personal experience last year, i had all sorts of associated costs relating to a £similar value claim, which i had to fight tooth and nail for, but after 7 months of communicating via the fos, i got almost everything i asked for, plus i was given interest on all the costs without particularly demanding it... hth

Great, Thanks very much for your reply

kevquinn

I believe it's the case that if you purchase using in-store credit, for example on so-called "interest-free credit" or similar, that this is not covered under section 75, as it effectively counts as a cash purchase from the point of view of the retailer, since you're borrowing the money from typically a third party finance company. This is quite common for buying things like kitchens, bathrooms, bedrooms and so on - so when the supplier goes bust, you remain liable for the full loan amount despite not having received the goods. From the loan company's perspective, you borrowed the money, then gave that money to someone else so if that someone else goes bust it's no concern of theirs.

Is this true?

If not, then if you're going to buy something from such a place, you might as well take the "interest free" credit as you won't get a discount for cash (otherwise they can't claim it's "interest free"...). However if there's no protection, you might be better off using a credit card for the purchase, then arranging a separate cost-effective loan to repay the credit card.

An alternative approach could be to insist on paying a "deposit" using the credit card, and taking the interest free credit with the store scheme for the remainder - that way I'm guessing section 75 would apply?

We were lucky when we bought our kitchen from MFI; we're probably one of the last customers to have our order completed before the collapse. I believe the fitters weren't so lucky. However there must be many people on one of these loan schemes who never received anything, yet still have to pay off the loan. With MFI, the incentive to take out the loan scheme was substantial, as it was a pre-condition to getting the "sale" offer pricing (we paid the loan off immediately, so avoided any noticeable interest charges on what was unlikely to be a cost-effective loan scheme!).