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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
    jmcdyre wrote: »
    Thanks Derrick, is there a reasonably amount of time they're allowed to keep it for - that's my main concern I actually need a laptop and would find it difficult to be without it for any more than a couple of days!


    Well under SoGA they are allowed a reasonable time and without causing any significant inconvenience.
    From WHICH;-
    "They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model)"

    Reasonable is not defined in law, but you may have to give them a couple of weeks, it is not going to happen in a couple of days I am afraid.

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


  • DIYGirlz
    DIYGirlz Posts: 26 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    I had a solid oak front door installed but the door is not fitted 'flush' with the frame; it's draughty and chipped. One glass panel is noticeably scratched. The suplier does not return my calls and won't fix the door. I paid by credit card. Is it worth trying to get a refund by claiming under S75? Does anyone have experience of trying to do this?
  • Hi
    I bought a plot from UKLI in July 2005 for £25000 and paid with credit card (Morgan Stanley). This company went into administration. Now this plot is on my name but it is worth nearly nothing. Can I claim under section 75 for misrepresentation as some people says it should be with in 6 year? Any help!
  • Hello. Update - I have today received a letter regarding my S75 claim for associated costs for my car which broke down. I had to purchase a run around and insure it and also claimed for the tow truck initially required (in total £2K plus interest accrued). They have said they are 'sympathetic with the problems experienced, I am not entitled to a refund (associated out of pocket expenses), are not going to pay for the additional insurance policy I had to take out and are offering me £94. £94!!!!. Obviously, I am not going to fall for this one. I believe that under SOGA and S75 rules/guidelines state that all associated out of pocket expenses should be covered. I think that as they have made an offer (however measely and unrepresentative) implies that they know they are jointly liable, but hope I'm going to take it and go away... Can someone give me some further (helpful) guidance please?
    Thanks in advance,
    NTx
    C Card £5218.68 (Feb 2011)
    £2 coins (No 085) - £190
    Mort overpayments 2011 - £418.06
  • Hi, joined this forum to say a massive thank you to Martin and his team for all the information on here.

    I wont go into details but will say that by using his template letters and advice we got £11957.26 refunded with absolute minimal fuss. The deposit of £2000 was the only thing we paid by the card.

    If you are reading this section and thinking it wont work so I wont bother it honestly does work and what have you got to lose?

    I must also say a big thank you to Halifax who dealt with the claim in a flash.

    Thanks again.
  • same here. Mine was only just over £200 but had had no luck with the bank until I sent the specimen letter from this site.

    Hugely appreciated.
  • legg11
    legg11 Posts: 36 Forumite
    Hi, I purchased 3 x items from www.118golf.co.uk. They telephoned to say one item was out of stock and I told them i would discuss with my husband and ring back. They were then very hard to get in touch with and did not respond to emails or answer phone.
    I need the items for a golf holiday and finally told them to cancel the order as it was too late. Three days after i emailed to cancel, they sent the 2 x items in stock. When the courier delivered, I told him I didn't want the order and he said refuse delivery and the items would be sent back for a credit.

    When I then received my BHS credit card bill, I had been charged for all 3 items and then a credit was issued for the item out of stock. I was again not able to contact 118golf by phone or email so contacted BHS. They started a dispute for me but have replied today stating that I am not entitled to the money back as I was send the items!! I told them that I had cancelled the order before the items were sent but they said that doesn't matter!! I should take the matter up with the retailer, who i can't contact.

    Can I claim under section 75? The value of the 2 x items is £88.98.
    If I can't claim, do I have any other way of reclaiming the money?

    Any help would be greatly appreciated.
  • In May of this year I paid for cruise with a company called the Holiday
    Specialists and it was for a relative it also turned out to be a SCAM!
    I paid for it using my Tesco credit card, when I realised it was a scam I
    contacted Tesco and asked them to claim my money back and they said
    they could not, so I asked them to do a refund on section 75.
    After a lot of faffing about they said they could not pay out because the
    payment was for somebody else and not me personally!!!!
    I contacted the Financial Ombudsman and they concluded the same.
    It is now in the hands of the St Helens Trading Standards Office!
    What has shocked me is how ambiguous this law is and the implications
    could effect countless situations.

    BEWARE TheHolidaySpecialists are still calling people to sell holidays, I have reported them to Action Fraud.
  • Hi all I am a first timer posting on the forum! I wonder if anyone has experience of claiming under section 75 against the credit card as I orderEd a scooter for my son from the USA on 22nd November with a delivery time of 6-10 working days delivery. As of today 20 working days later I have still not had tge scooter despite several emails to the supplier only one of which has been answered and says it will be delivered but not when and if it will be before Christmas! As you can imagine I am completely frustrated as its the main present for son and I only have one or two days before I have to decide if I am to purchase and alternative from a uk company. Does anyone know if I will be able to claim if it arrives after Christmas? Your thoughts are very much appreciated!
  • Hi, wondered if anyone can help, trying to cut it short I paid a deposit on an apartment to be built in Portugal Of €34000 of this €6000 was on a credit card the company who we were buying from went bust and the builders took over however they would not refund the deposit or let us use it to carry on the purchase. Do we have any comeback with Section 75 or have we just lost it for good
    Thanks
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