Section 75 refunds - article discussion

Optimist

mcb_sleuth wrote: »

EXCUSE ANY DUPLICATION - I'm a newbie

We accepted a quote from a window manufacturer to supply and fit new windows, totalling £30,500. Quote was sub-divided into payment sections detailing cost of materials (c.£24,500) plus cost to supply fitment services (c.£6,000). Initial deposit (£1,000) was made via M&S credit card, followed by further direct money transfers totalling £14,000 - total c.£15,000 outlaid.

Window manufacturer has gone into liquidation before delivery of windows, so a S75 claim was submitted to M&S for the £15,000.

M&S has declined our claim on the basis that the TOTAL AMOUNT quoted exceeds the £30,000 limit stated within the Act. We query whether we can dispute this on the grounds that the quote clearly identified cost to supply product (ie. windows) and separate cost fo provide fitting service.

Two queries:

1. Our claim is merely for the loss suffered - ie. £15,000 paid. Surely this is reclaimable as the actual loss claimed falls within the £30,000 ceiling limit?

2. Even if we had outlaid the full £30,500, does S75 cover the loss UP TO £30,000 or rather does it exclude items where the cost exceeds this upper limit?

Thanks for any considered replies.

Section 75 covers the price where the price of the item/service is between £100 to £30000 what you are claiming for isn't relevant if the price of the item/service was out of those limits Section 75 will not apply.

I doubt you will get satisfaction from the Ombudsman given the facts as stated but you can certainly give it a go in the hope that they view it as two separate transactions.

You will need to go through the card companies complaints process first if you do wish to go to the Ombudsman.

You need to have a final letter from the credit card company before you can go to the Ombudsman, this is usually accompanied by the details of the Ombudsman service

Its a pity you didnt take out credit for the specific act of supplying and fitting your windows you could have claimed under Section 75a which gives cover up to £60250 unfortunately credit card transactions are not covered under this section.

Queries

Dear All, has anybody on this site actually won a Section 75 claim? The banks ignore it. If it is a grey area - like a distance learning course - the FOS will not sanction it (due to views being polarised and distance learning being an unknown quantity).

And if you do decide to go through the Small Claims Court, you now have to deal with the Salford Business Centre, aka as the Northampton Court (County Court, Money Claims Centre - CCMCC for short (or something similar). This is supposed to speed matters up and reduce the time it takes to make a claim - but with all the messing about it makes it longer (I would have been in-and-out of the Small Claims system by now, if I had been able to forward my claim direct to the courts).

This cost-cutting exercise has saved the tax-payer £3.5 million a year (or something like that), but has actually made more work for the courts, not less, due to the incompetence of the staff who work at the Salford Business Centre! You cannot even send items recorded delivery because it is a PO box.

digital

Queries wrote: »

Dear All, has anybody on this site actually won a Section 75 claim?

Yes, three!

leannemccarthy

Hi

I placed an order with a company online on 4th March 2012 using my credit card for £154.90.

I received an email on 4th May 2012 advising me that the company in question had gone into Administration on 20 April and that I should contact my credit card company for a refund.

I therefore contacted Santander and completed a form advising them what had happened and providing copies of the information I had received. The money was refunded to my credit card. However, yesterday I received a letter from Santander advising that they had been unable to recover the transaction amount of £154.90 from the retailer on my behalf and that they are holding me liable for the transaction.

I thought that under Section 75 I was covered.

I want to phone Santander today but would appreciate any advice before I call them!

If anyone can help please let me know.

Obviously I am very angry about this and this was the whole reason I purchased using my credit card!

Thanks

Leanne

dazarooni

I bought an annual season ticket for my train to work, the journey has two legs each using the track of a different train company.

Recently one of the train companies has blocked my ticket going through their barrier, stating the ticket isn't valid for that leg of the journey.

The other train company initially advised my ticket was valid for the whole journey but have since advised this is not the case.

I have bought the same season ticket for the last three years with no problem and have paid the cost as stipulated on the train company's website for the journey specified.

Do I have any recourse against one or both train companies, can I invoke Section 75 for instance as I purchased using my credit card?

Thanks

Dazarooni

SideB

I bought a treadmill about 5 years ago for £600 and it has recently stopped working - the belt won't move. I called the manufacturer and they said the motor had gone but it is out of the warranty period.

The retailer has since shut down as far as I can see because their website is no longer up.

Would I have a valid case for a section 75 claim with my credit card company? The fault has only occurred recently but I think it is reasonable to expect an item like this to last longer?

Also, if I were to make a section 75 claim, would I need to send proof of the fault, such as a letter from an electrician?

Thank you

galaxy123

Hi
My hubby signed a deal with Red Instructor Training in 2009 (financed through BPF) but he never did the training as he was offered a full time job elsewhere soon after which he took.
We made all the payments, and earlier this year paid it off in full.
Recently, he decided to do the training and we discovered red had gone bust.
We made a S75 claim to BPF who declined on the basis that another company took over in feb 2010, and made an offer of continued training which they say expired in feb 2012.
We didnt get that letter, and moved house in summertime 2010.
Barclays have said no to a refund, but have offered SOME training, on less favourable terms to my hubby.
Is this right, or are we entitled to a full refund?

Optimist

galaxy123 wrote: »

Hi
My hubby signed a deal with Red Instructor Training in 2009 (financed through BPF) but he never did the training as he was offered a full time job elsewhere soon after which he took.
We made all the payments, and earlier this year paid it off in full.
Recently, he decided to do the training and we discovered red had gone bust.
We made a S75 claim to BPF who declined on the basis that another company took over in feb 2010, and made an offer of continued training which they say expired in feb 2012.
We didnt get that letter, and moved house in summertime 2010.
Barclays have said no to a refund, but have offered SOME training, on less favourable terms to my hubby.
Is this right, or are we entitled to a full refund?

Barclays are entitled to offer training to fulfil their equal liability obligation whether the terms offered to your hubby are acceptable I fear only a Court or the Financial Ombudsman can decide.

galaxy123

Optimist wrote: »

Barclays are entitled to offer training to fulfil their equal liability obligation whether the terms offered to your hubby are acceptable I fear only a Court or the Financial Ombudsman can decide.

Thanks.
It's significantly different as there was no expiry date in his original contract, and he wasn't tied to a particular driving school.
They are saying he has to be tied (and pay a fee to break this tie) and are adding an expiry.
Significantly different in my opinion

spage10

Just looking for a little help here

a week ago we had our whole house re carpeted

For some reason especially when sitting on our sofa viewing our television long white lines constantly appear across the carpet and seem to move from one point to the next, this effect is very nauseating

https://forums.moneysavingexpert.com/discussion/4110281


We have had no choice but have the whole lot replaced, the shop has offered us a slight discount, though we are still well out of pocket

As the shop has admitted they can see the problem and given us a discount on a replacement and as we paid via credit card for the orginal carpet does section 75 apply here?