Section 75 refunds - article discussion

daveberr

I have tried to make a claim under section 75 for the purchase of a car between my daughter and myself from a garage who lied about everything, I paid £900 deposit using my Barclaycard and my daughter paid the balance in cash when she picked up the car for us 4 days later.
Barclaycard rejected the claim because the garage who sold us the car put my daughters name on the receipts, I have the printed receipt from the card purchase but Barclaycard won't accept it, they will only accept a written receipt with my name on and of course they put her name on.
Are they correct or do I still have a claim?

daveberr

Hi Skemgav. Thanks for your post and good luck I hope you win, I am in a like situation with Barclaycard who are refusing my claim on the grounds the car receipt is not in my name even though I paid using my card, like you I will fight this one to the end, I am preparing to take the garage to court that we dealt with so I expect a long fight.
You have given hope, thanks.

Dave

omareliwi

Hi Guys

Wondered if anyone could help.

I listed my house for sale 15 months ago with Wakefield estate agents Simon Blyth, Wakefield

In that time i have had 4 viewings and no offers.

I paid the listing fee etc via credit card ( it came to £180)

Last month i agreed a part exchange deal on a new house with Strata . Despite the estate agents having no dealings with the sale of my house via part exchange whatsoever, they are demanding a commission fee of £1,000 plus VAT.

Having done some research, some estate agents put a clause in that says commission is payable if a part exchange is agreed. This is standard is a part exchange is done
with another exchange agent or with another vender within the estate agents listings. But most contracts say this is the case APART from when buying a new home.

What can i do in this case? Charging commission is immoral and completely unjustified? Would this charge be covered under section 75 as i believe the estate agents have breached their contract as they operate a 'no sale, no fee' policy? I also believe they are in breach of the unfair contract terms act.

ochlynda

We were caught up in the Aegean flights going under in the summer. We had booked flights for June 2012, we have already got our money back from our credit card for those flights. However we have had to book new flights at much greater expense. I do know that I can claim the difference back but can someone please tell me if there is a time limit for putting a claim into the credit card company.
Thank you
Lynda

EXPAT_2

I purchased a reconditioned engine for my Renault.

1. Paid for the engine using Mastercard
2. Had the engine fitted independantly
3. Engine was faulty (leaked oil from several seals Etc)
4. Claimed full money back for engine purchase from Mastercard

That was the easy bit.

1. Send section 75 claim to Mastercard for consequential loss of circa £850 for the fitting & subsequent removal of the faulty engine.
2. Mastercard say it's not a consequential loss.
3. I have raised a complaint through FSA

So, my question is...what constitutes consequential loss?

KARITRANS

I bought a package holiday on my credit card but the holiday was for my daughter and the airline went into administratkion. I have tried to claim under section 75 but this has been declined as it was for a third party - this was upheld by the financial ombudsman. Surely this cannot be right. We got refund for the flights from atol but still got to pay over 800 for accommodation for a holiday that never happened. Anyone got any ideas?

Pete_Walls

HI

being new to the forum please forgive me if this is in the wrong place. Around 18 months ago we bought a leather suite from a large high street supplier. I took out an extended warranty. Faults are now appearing in the suite which can be described as discoloration of the leather in three or four areas. The warranty as I've just discovered does not cover this anomaly, and the supplier appears to be disinterested as it also out with the years manufacturer's warranty. I had purchased the suite (£3000), via a credit agreement from a well known high street bank, offered to me by the seller and the contract states they are bound by the consumer credit act 1974. I am not done fighting with the seller yet, but wondered when this fails - and I know it will - will I have recourse to the bank that supplied the credit. There is still 2 years to run on the agreement.

Regards

Pete

gormodo

We are hoping to do a large extension that will cost over £100k. The work is likely to be broken down into stage payments (each less than £30k) starting with a deposit. The plan is to pay each stage payment with say £100 on credit card of main cardholder and rest by BACS/ cheque.
On an earlier post it was implied that we would be protected in full by following this strategy - has this ever been legally tested for multiple items from the same supplier/ builder? Would the term 'deposit' be sufficient to claim under section 75 or must it be clearly detailed what each item/ service is?

Optimist

gormodo wrote: »

We are hoping to do a large extension that will cost over £100k. The work is likely to be broken down into stage payments (each less than £30k) starting with a deposit. The plan is to pay each stage payment with say £100 on credit card of main cardholder and rest by BACS/ cheque.
On an earlier post it was implied that we would be protected in full by following this strategy - has this ever been legally tested for multiple items from the same supplier/ builder? Would the term 'deposit' be sufficient to claim under section 75 or must it be clearly detailed what each item/ service is?

If you would consider a extension as a single item, then you can break it down as much as you want the total cost is still over the limit and as such would not be covered under Section 75.


I am not aware of any test case in court, although there might be something on the financial ombudsman site, but that is the first thing that would be considered.

gormodo

thanks Optimist
That was my point would an extension be regarded a single item or would separate bills & payments for say windows,
plumbing, electrics, decoration count as separate contracts for services even if through the same
builder. It may be that independent warranty is a better option and a different forum but
we wanted to see if there was any point in using a credit card at all.