Section 75 refunds - article discussion

[Deleted User]

dic-w wrote: »

Hi,

My 3 month old washing machine intermitantly floods my kitchen.
I purchased the washing machine from dixons & there customer service dept are useless & wont issue a refund until the manufacturer diagnoses a fault. Beko have sent out an engineer who cannot diagnose the fault.
Can I demand a refund through my credit card under section 75 as the machine is faulty?

Thanks.

If the total amount was above £100 and you paid any part of that on a credit card then you should have grounds with your credit card company.

Remember there is no first point of call with S75, you don't have to go through dixons at all. You can go straight to your credit card company.

Use martin's template letters, and come back to the forum if/when you get a response

[Deleted User]

Coog wrote: »

Hi all, I've read this entire thread but I still have a question. I bought a car using my credit card last week, since then I've discovered it's had parts removed and is in need of two axles. The parts removed from the car turn it from 4wd to 2wd and therefore it's absolutely no use to me (for winter driving or towing). I suspect the propshaft was removed to hide a more serious problem with the front differential. All was bought from a dealer all paid via credit card. The car was cheap at around £1000 and apart from the axle problems it seems OK.

I instigated a S75 claim with Barclaycard after negotiations with the dealer broke down, they suspended the transactions and sent me a bunch of forms out. When I spoke to them on the phone they suggested that I may need a 3rd party expert advice/report (engineer/mechanic) on the car but weren't forthcoming about who would be responsible for the bill. I have two problems:

1. I'm sure the engineer/expert report is going to be expensive (£150+). I understand that I'll pay this now but what happens if/when the S75 claim is settled? Will the dealer be responsible for this if found in my favour?

2. The expert opinion is likely to say it needs £1000's worth of repairs (brand new from Jeep). I'm sure I could get good 2nd hand parts at the local scrap yard and have them fitted for a fraction of the price. If they say it'll cost a fortune to fix is my only real option a rejection of the vehicle?

I reckon I could fix this for £500. I was ready to just chalk this one down to experience but after the dealer basically told me the car was sold as seen I want to pursue further. What I don't want to do is start racking up huge bills with experts and engineers to be told to wise up because it's only a cheap Jeep.

I sent one last email (following up with recorded letter) to the dealer today to give them one more chance at helping out before I get the experts and 3rd parties involved. I'm sure they won't need this extra expense either.

Any advice?

Thanks in advance.

Oh and to add extra complications to the matter he's in England and I'm in N.Ireland so can't exactly leave it down for him to look at!

From personal experience with Barclaycard (they are the most useless organisms in the universe) I suspect they will most probably try to fob you off at some point, don't take no for an answer!

The sales of goods act does also apply to second hand goods, the retailer has a statutory obligation to ensure that the goods, whatever they may be are of satisfactory quality.

With a second hand car, this is the sticking point. Satisfactory quality is subjective, taking into account the age of the car, mileage etc, i.e. could you reasonable expect the car to have develop a fault(s) by this time?

I'm guessing that as you bought this car from a dealer and from what I gather the problems arose immediately. If you were not made aware that the car was damaged/missing parts etc, and can prove this, then its clear breach of contract, most probs case closed. Do you have any documentation about the car as it was advertised? If it says 4WD and its actually 2WD then again clear breach of contract, the vehicle is not as described.

I urge to to move as quickly as possible on this, as from 6 months of the date of purchase, it is the sellers responsibility to prove that the car wasn't sold to you in this condition. After 6 months, the onus turns on you. You'll then have to prove the car was sold in that condition.

As far as the expert report goes, Barclaycard will be liable for those fees if your claim is successful.

You should expect barclaycard to deny your claim, but remember the ombudsman is your fallback.

Good luck let us know how it goes

See this link from 'Which?' for more info

[Deleted User]

KTM_Gordo wrote: »

Section 75 is something to use as a last resort when there has been a breach of contract.

With faulty goods you must contact the retailer first - see Martin's SAD FART guidance elsewhere on the site for your rights and how to go about it.

No! there is no first point of call with S75.

Look at this link

under the sub-heading:

'Complaints about a product and the retailer/supplier isn't bust'

[Deleted User]

nosherw wrote: »

I purchased a pushchair in oct 2011 which has now broken, I have contacted credit car who refuse to pay under s75 as item has "become faulty" they advise I contact tranding standards

Is this correct.

I have tried contacting the retailer but no luck yet

thanks for any comments

Your credit card company is making an attempt to fob you off. Section 75 should apply here. Did you make a formal request in writing?

If not, use martin's letter templates and always send by recorded mail.

Your card company then has an obligation to respond to you within 8 weeks.

If they respond within this timescale and say no - GO TO THE OMBUDSMAN! Their letter will constitute as a final response, meaning you can take to the ombudsman if your unhappy.

If they do not respond within this timescale, you can still go to the ombudsman, as 8 weeks have passed.

If they respond and say yes then job done.

You have NO obligation to go to the retailer first. There is no first point of call.

Good luck and come back to the forum with your results!

[Deleted User]

cam80 wrote: »

Hello

I am new to the forum, not had a chance to look around yet but need some help quickly.

I purchased a range cooker and a microwave from Padgate Appliances and paid them £1250 with my credit card. I was unsure about the cooker as it was shown to me in the 110cm size and I wanted the 100cm. To clinch the sale they said they would write on the receipt full refund if not like cooker which they did.
We went to see the cooker and pay the balance and where told that they could not unpack the whole cooker as they would be unable to package it up again for transport.

Whilst there we were told some built in microwaves had just come in and we were shown a floor model, they were £150. We purchased one. They asked for my cooker receipt to add the microwave onto the bill, which they did and we paid him the full balance. He handed me back the receipt and we left.
I put the receipt in my bag and awaited delivery.
Both item arrived damaged, the scratches on the cooker are down to the metal. I tried to contact him immediately but they were closed so I rang there other branch. The man there said it would not be a problem, he would verify that we contacted him immediately.

After delivery I got my receipt out to get their phone number and then I noticed that he had scribbled out the statement of a full refund and put graded on the bottom of the receipt.
When they opened after the bank holiday the owner has accused me of damaging his goods. said good luck trying to get a refund or taking me to court and put the phone down on me. My husband has rang him since trying to reason with him but he is so aggressive and just put the phone down laughing.

I have contacted my cc company under the 75 rule but do I need to do anything else at this stage. I am worried about the time limit. I never had to do anything like this before and feel such a fool to be hoodwinked at 55. Any help would be appreciated. Thank you

Don't you just wish some people would get run over by a bus?!

Anyways....

1. There is no time limit to submit a S75 claim. However within the first 6 months after purchase, the seller has to prove that the items were not delivered to you in that condition. After 6 months the onus shifts to you. You have to prove the goods were delivered in that condition.

2. Did you instigate your section 75 claim in writing? If not you need to do so, recorded mail as always. See this link

3. Can you prove in anyway that the seller wrote graded on the receipt etc? I don't doubt you, but without proof, its going to be hard to convince your CC company.

You may want to consider legal action here instead of a S75 claim, if so then get some professional legal advice rapido. Remember you can do both at the same time, but if you do you can't use the ombudsman if legal proceedings are ongoing.

And believe me, there are worse things to feel a fool over.....such as falling down the stairs in Holburn tube station.....twice in the same day...during rush hour. Which I may or may not have done....

Give it a go and come back with your results.

KTM_Gordo

chrisross693 wrote: »

No! there is no first point of call with S75.

Look at this link

under the sub-heading:

'Complaints about a product and the retailer/supplier isn't bust'

OK, I'll rephrase that: for a quicker resolution, contact the retailer first as they are better placed to put the problem right, either by replacing a faulty product or arranging for repairs as appropriate.

If they refuse to help, or have gone out of business, then S75 can help - but the process takes longer, and you will need to demonstrate to the card issuer that there has been a breach of contract.

gwapenut

Sorry for the cross posting, have just discovered this thread and feel it may be a better place to ask my question.

If I pay, say, a deposit with none card and the remaining balance with another card (both payments in the thousands of pounds), I presume I'm still "protected"?

But does this complicate any subsequent claim? Would I claim from the deposit taker, or both in proportion to the amounts spent? If the deposit taker, what if I split the deposit between two cards ...?

And what if, as a couple, we paid for a joint purchase using two different individual - not joint - credit cards?

Appreciate these are probably unusual questions, but would just like to understand the protection rules. You can imagine if a couple can get two 5% cashback cards each, then suddenly a £8k purchase which needs a 50% deposit will attract quite a lot of cashback.

And finally, if payment is partly by charge card (no protection) and partly by credit card, I presume the credit card still holds liability for the full amount.

Dentch

HI there, my pensioner parents have had some time of it as they had purchased a timeshare though Holidays Direct in Spain (I think) and regretted it. They were eventually contacted by Timeshare Disposals who said that the company had went bust and that if they paid money to the lawyers they would be able to retrieve most of their money back for them. My dad has since paid two or three transactions, one for about £1,500 on his credit card and the other two through bank transactions which were for "lawyers fees". I told my dad to contact the bank and the credit card company but they said because he had signed something then he didn't have a leg to stand on and that they couldn't help him. Surely this isn't the case? Everyone signs something in good faith whether its for goods or services. Can Section 75 help at all? Any advice you could give me would be great. Thanks D

[Deleted User]

Dentch wrote: »

HI there, my pensioner parents have had some time of it as they had purchased a timeshare though Holidays Direct in Spain (I think) and regretted it. They were eventually contacted by Timeshare Disposals who said that the company had went bust and that if they paid money to the lawyers they would be able to retrieve most of their money back for them. My dad has since paid two or three transactions, one for about £1,500 on his credit card and the other two through bank transactions which were for "lawyers fees". I told my dad to contact the bank and the credit card company but they said because he had signed something then he didn't have a leg to stand on and that they couldn't help him. Surely this isn't the case? Everyone signs something in good faith whether its for goods or services. Can Section 75 help at all? Any advice you could give me would be great. Thanks D

It would depend on whether you can prove a breach of contract. Which I suppose depends on the what the document he actually signed is. If it is an agreement to enter into a service provided by the lawyers, and they have not provided that service then, S75 can help.

When it comes to the bank they have no liability. They were simply administering a payment instruction. If you can prove your CC company does have liability, then you should expect them to try and pull a fast one, after all they are a business trying to save money in a tough economic climate. or they are just inept you choose

See this link from the financial ombudsman - Case 78/1

merlin34

Hi, I have looked at the comments on this forum and have a question of my own. I purchased a car on a credit card from a dealer for my daughter to learn to drive in and then use when she passed her test. The car was purchased in April 2012 but as the tax had expired waited until the 1st May before taxing and insuring it. I had problems with the car which the dealer sorted. It came with a 3 month engine and gearbox warranty so I felt re-assured. Despite various problems within the first 3 months the clutch pedal appeared to lose pressure. I went back to the dealer and because the car was now out of warranty and the clutch wasn't covered anyway he said I would have to pay for the repair. I didn't gat anywhere with the dealer so wrote to my credit card company enclosing a copy letter sent to the dealer outlining all the problems there had been. The credit company have paid for an independant report on the car's condition and repairs required. Do I have a case under Section 75 as it was purchased for my daughter as she was under age to have a credit card? Had she paid for it out of her own money she wouldn't have had any protection. She has since passed her test and is using the car regularly but it still needs repair work.
Many thanks