Section 75 refunds - article discussion

Cornish_Clotted_Cream

I booked a week's holiday at a favourite hotel of ours having staying at this wonderful family run hotel for quite a number of years. However, a week before our stay there, the hotel went into administration. An outside manager for the administrators was then running the hotel on a skeleton staff. Nothing was communicated to us, but a few hours after our arrival it was patently obvious that things were different. The menu was severely restricted (previously the restaurant had a high class reputation), the heating was switched off during the day (it was February!), the breakfasts were cooked by this manager (who was not a chef!), the room was not cleaned and checked thoroughly (we ran out of toilet paper!)and the hotel was run on a shoestring which completely ruined our stay there (we had been celebrating our anniversary along with a birthday and valentine's day). We decided to cut our holiday short as we felt we would be more comfortable at home!
I decided to make a claim under S75 to my credit card company (Capital One) who
refused to refund the cost of the hotel stay. The Financial Ombudsman seems to be siding with the credit card company on the basis that no breach occurred as we were provided with a hotel room and full board as booked. What does anyone else think?

desmonds

Hi,

I sent a disputed transaction form to Capital One stating that i'd not received the goods or services and had been overcharged for services not received or agreed at the onset.

Anyway, they have replied and have stated that ,"the transaction processed was authorised by CHIP and PIN which confirms that I authorised and agreed to the transaction amount for the services provided by entering my PIN and because of this Capital One have no right to force the merchant to refund my account.

I claimed for a partial refund of what i'd been overcharged so I was not asking for the whole amount.

I do not agree with what they are saying and wondered what MSE forums think

Hope you can advise, anyone

Thanks

Paul

Rysiu

I purchased a Sony tv 4 years ago, together with a 5 year g'tee from the store, for £2000. TV has broken down and the store where purchased are in liquidation. Am in the process of making claim via credit card company which was used for purchase. If the TV is unrepairable, how much should I expect to receive from CC company? Have been told that Credit Card company are liable under Section 75.

Many thanks.

meer53

Cornish_Clotted_Cream wrote: »

I booked a week's holiday at a favourite hotel of ours having staying at this wonderful family run hotel for quite a number of years. However, a week before our stay there, the hotel went into administration. An outside manager for the administrators was then running the hotel on a skeleton staff. Nothing was communicated to us, but a few hours after our arrival it was patently obvious that things were different. The menu was severely restricted (previously the restaurant had a high class reputation), the heating was switched off during the day (it was February!), the breakfasts were cooked by this manager (who was not a chef!), the room was not cleaned and checked thoroughly (we ran out of toilet paper!)and the hotel was run on a shoestring which completely ruined our stay there (we had been celebrating our anniversary along with a birthday and valentine's day). We decided to cut our holiday short as we felt we would be more comfortable at home!
I decided to make a claim under S75 to my credit card company (Capital One) who
refused to refund the cost of the hotel stay. The Financial Ombudsman seems to be siding with the credit card company on the basis that no breach occurred as we were provided with a hotel room and full board as booked. What does anyone else think?

There isn't a breach of contract as you received what you paid for as FOS and the CC have said already. At least you know not to book there again.

emjayjee

Hi

I am considering apply for section 75. I bought solar panels from a company and put down 5k on my debit card, and 3.5K on my credit card.

After a few months, I thought something wasn't right as I was producing a lot less energy that what was predicted. I looked into it, and the more I looked/got advice, I was told it has not been installed correctly.

I contacted the installer who refused my complaint and blamed the weather, and would not come and check it out. I have been in contact with the regulator (who took nearly 4 months to come to a decision!) who replied today that they have found a discrepancy in the installation (from pictures I have sent them) and the contract. It "works", but instead of functioning "100%" if installed as per contract, it works "66%" because of incorrect installation. I have also been told that they regulator cannot help any more as the company has ceased trading!

Am I covered by the credit card for the whole amount (8.5K) for breach of contract (incorrect installation), or as it works (albeit incorrectly and not according to contract) they would not cover it?

Thanks

ameoba5

Hi
I booked and paid Budget for a hire car 3 months in advance. When I picked up the car, I was asked to sign for the car and I did so, not realising I had signed for an upgrade to the car I had ordered. I did not realise this had happened until I received my credit card statement some weeks later. Now I know I should have read what I was signing, but I did not. So have I a claim under Section 75 because I was induced into signing for something I did not want?

Optimist

emjayjee wrote: »

Hi

I am considering apply for section 75. I bought solar panels from a company and put down 5k on my debit card, and 3.5K on my credit card.

After a few months, I thought something wasn't right as I was producing a lot less energy that what was predicted. I looked into it, and the more I looked/got advice, I was told it has not been installed correctly.

I contacted the installer who refused my complaint and blamed the weather, and would not come and check it out. I have been in contact with the regulator (who took nearly 4 months to come to a decision!) who replied today that they have found a discrepancy in the installation (from pictures I have sent them) and the contract. It "works", but instead of functioning "100%" if installed as per contract, it works "66%" because of incorrect installation. I have also been told that they regulator cannot help any more as the company has ceased trading!

Am I covered by the credit card for the whole amount (8.5K) for breach of contract (incorrect installation), or as it works (albeit incorrectly and not according to contract) they would not cover it?

Thanks

Probably, but the card company will look to having it repaired rather than giving you a refund

Optimist

ameoba5 wrote: »

Hi
I booked and paid Budget for a hire car 3 months in advance. When I picked up the car, I was asked to sign for the car and I did so, not realising I had signed for an upgrade to the car I had ordered. I did not realise this had happened until I received my credit card statement some weeks later. Now I know I should have read what I was signing, but I did not. So have I a claim under Section 75 because I was induced into signing for something I did not want?

Doubtful, how do you prove you were "induced" into signing ?

paulfoel

Optimist wrote: »

Doubtful, how do you prove you were "induced" into signing ?

Induced into signing. Good one.

Couldnt be bothered to read what you were signing so its your fault unfortunately.

Bit like saying, saleman in shop talked me into buying a TV and I dont want it now. Can I have a refund pls?

dazza.mk

emjayjee wrote: »

Hi

I am considering apply for section 75. I bought solar panels from a company and put down 5k on my debit card, and 3.5K on my credit card.

After a few months, I thought something wasn't right as I was producing a lot less energy that what was predicted. I looked into it, and the more I looked/got advice, I was told it has not been installed correctly.

I contacted the installer who refused my complaint and blamed the weather, and would not come and check it out. I have been in contact with the regulator (who took nearly 4 months to come to a decision!) who replied today that they have found a discrepancy in the installation (from pictures I have sent them) and the contract. It "works", but instead of functioning "100%" if installed as per contract, it works "66%" because of incorrect installation. I have also been told that they regulator cannot help any more as the company has ceased trading!

Am I covered by the credit card for the whole amount (8.5K) for breach of contract (incorrect installation), or as it works (albeit incorrectly and not according to contract) they would not cover it?

Thanks

I'd very much doubt you're covered for the full amount, as you say you are getting 66% efficiency so at best you might get a pro-rata refund (which may or may not be 33%), but I doubt your credit card company will even consider this before looking at the cost of rectification.