Section 75 refunds - article discussion

FAI

Optimist wrote: »

Not sure why you are only wanting £2k back instead of all you paid but I'm sure you have a reason..

They are correct in that Section 75 does not apply to purchases over £30k, however Section 75a, in specific instances does cover claims of over £30k to £60260.

You on the face of it would seem to meet that criteria.

However I would suggest you look up that specific section to decide if it meets your circumstances and if you think it does then I would suggest you go through the banks complaint process. If they do not give way pass it to the Ombudsman for final decision.

Last I heard the banks were arguing that this was only for cards taken out for a specific purpose so might be a fight.

Thank you. I will look up section 75a!

Optimist

hieveryone wrote: »

Understand about Section 75 as not a credit card, (I say I, it was actually my partner that put through the transaction - could kill him!)

This was only last month - I thought the time limit was 120 days? It is the Halifax Bank of Scotland if that helps any.

Thanks for your help.

In that case you are within the timescales. You will need to take it up with your bank.

If you do kill him, I know a very good criminal barrister

hieveryone

Optimist wrote: »

In that case you are within the timescales. You will need to take it up with your bank.

If you do kill him, I know a very good criminal barrister

Thank you - are there any template letters that you know of to send?

Optimist

hieveryone wrote: »

Thank you - are there any template letters that you know of to send?

I would suggest phoning first they will probably send you a form to fill in

hieveryone

Optimist wrote: »

I would suggest phoning first they will probably send you a form to fill in

Thanks, have phoned and they have requested the details and copies of all correspondance. Just wondered how to word it. Will work something out. Thanks again,

coolguycp1

I need a bit of help with my situation.

I bought 2 return tickets from India to UK with Kingfisher Airlines directly in February 2012 for my in-laws who were supposed to visit us. The dates of travel were in March 2012 (outbound) and June 2012 (inbound) respectively. I booked the tickets using my RBS credit card.

However, the airline has now curtailed its overseas operations from India (due to its financial situation), and consequently, the airline will not be operating from India to UK on the date of travel of my in-laws. I promptly gave the airline a call and the customer rep told me that the best that they can do is to cancel my flight and give me a refund. I had no choice but to agree with the option and the rep told me over the phone that he had cancelled my flights and the refunds should be in my account in the next 5 working days. He also gave me a reference number for refund. However, I did not receive any written confirmation for cancellation from the airline. Their website is also not showing the booked itinerary or cancellation status. I then booked a new trip with Virgin Atlantic for around the same dates which cost me an additional £500. All of this happened yesterday.

Now, I called Kingfisher’s UK number again today just to check, but no one is answering their phone. Worse, in the news, it looks likely that the airline’s licence will be cancelled by the Indian government. The airline is already suspended by IATA.

Keeping the above in mind, if I don’t get a refund from the airline in the next 5 working days, can I invoke Section 75 to claim the refund from RBS? Also, can I also claim for consequential loss arising out of the increased fare that I had to pay to Virgin Atlantic for a new booking?

[Deleted User]

I bought an android tab from ebuyer. Didnt use it much but after about two weeks the screen started looking like it was damaged - got steadily worse. The thing is I know I havent dropped it or damaged it.

Contacted ebuyer and even sent them photos but they said tough luck its physical damage and wont do anything about it.

Would a section 75 claim work in this instance?

digital

I bought an expensive camera four months ago and it has developed a number of faults to the extent hat it will not even turn on.

The retailer has pointed me to the guarantee but I have asked for a refund under the Sale of Goods Act. The camera is clearly 'not of satisfactory quality' and the faults have become apparent within six months of purchase which means the law regards them as present at purchase unless the retailer can prove otherwise. The retailer has refused the refund and offered a free repair, ie the guarantee.

I have contacted Barclaycard and made a claim under Section 75 explaining that my problem with the camera is covered by the Sale of Goods Act. Barclaycard say that, as far as a Section 75 claim is concerned, the Sale of Goods Act does not apply. Is this correct?

derrick

digital wrote: »

I bought an expensive camera four months ago and it has developed a number of faults to the extent hat it will not even turn on.

The retailer has pointed me to the guarantee but I have asked for a refund under the Sale of Goods Act. The camera is clearly 'not of satisfactory quality' and the faults have become apparent within six months of purchase which means the law regards them as present at purchase unless the retailer can prove otherwise. The retailer has refused the refund and offered a free repair, ie the guarantee.

I have contacted Barclaycard and made a claim under Section 75 explaining that my problem with the camera is covered by the Sale of Goods Act. Barclaycard say that, as far as a Section 75 claim is concerned, the Sale of Goods Act does not apply. Is this correct?

Barclaycard are wrong, you have the same rights against them as you have against the retailer under S75, however the retailer has offered to repair the camera, and whether under SoGA or guarantee he is fulfilling his obligations under SoGA. See Part 5A, 48BRepair or replacement of the goods
.

.

digital

derrick wrote: »

Barclaycard are wrong, you have the same rights against them as you have against the retailer under S75, however the retailer has offered to repair the camera, and whether under SoGA or guarantee he is fulfilling his obligations under SoGA. See Part 5A, 48BRepair or replacement of the goods

Thanks for the confirmation that Barclaycard are wrong.

I realise that a repair is permissible but I am arguing that it's an unfair resolution as the camera is so new, has failed so catastrophically so soon, and I should be in the position of owning a new camera, not a new and repaired camera.