Section 75 refunds - article discussion

Crabman

MrX wrote: »

Another scenario from personal experience.

You buy replacement double glazing. You pay the deposit (£200) on your credit card. On completion of the work you pay the balance on your credit card. A few days later you are informed that the company is in receivership and that the final balance did not go through in time.

As these are replacement windows you need a FENSA certificate to prove they meet the relevant standards. The double glazing company was to provide this (but now they can't). The only way to get the FENSA certificate now is from the local Building Control Office at a cost of £120. (assuming no remedial work is required) Also you have no guarantee in the event of future problems (10 years was promised from the firm).

The adminstrators have been in contact (via telephone) asking for a cheque to clear the balance.

Questions
Can the Credit Card be left to sort this mess out for you?
Will they also honour the guarantee in the future and arrange for FENSA certificate?
or
Should you deduct costs for the extra work required to get the FENSA certficate, plus some for a loss of guarantee etc and issue a cheque?

One of the reasons for going with this company was because they accepted credit cards and I knew I would get protection in the event of the work not completing. But also to spread the cost on a 0% card. I also lose this luxury paying by cheque. Can I reduce payment to account for this?

Does anyone have an answer or information in response to this post?

Ideally looking to see how a credit provider would actually resolve it. From the research I've done, it seems they generally prefer to refund the cost of an order and close the case. The other option is for them to underwrite the 10 year guarantee (as they are jointly and severally liable) and meet any other costs for which the retailer would be liable if they were still around.

SJ1

Hi there everyone

Not being familiar with this legislation I was wondering if anyone could assist me with whether S 75 could help with my situation.

About a year ago we completed a gas conversion on our car. The work was carried out and everything appeared to be working fine. We had the car serviced more locally after a year and basically the mechanic has told us that the system fitted isn't fit for purpose and will ruin the cylinder heads in the car as the system has been fitted in the cheapest way possible basically - in spite of the fact we paid £1,500 for the work.

The company was recommended at the time by UK LPG who we contacted. The original garage that we used has basically disappeared and UK LPG are telling me that they became unhappy with the work that this company were doing and subsequently took them off the approval list after our work was carried out.

Can I use s75 to help me claim to get this fixed? The cost will be £1,000 to do so and that doesn't include fixing any damage to the cylinder head. I am so cross that we have got caught out by a dodgy garage even though we went through a recommended list for this. The only issue is that the system is still working but we have been told that it will cause massive damage to the car if we leave it as it is so at the moment we are running the car on petrol and not using the system until we have sorted this out.

Any advice very gratefully received.

SJ

SJ1

P.S. We were also told that they were fitting a particular system when in fact they have fitted an incomplete system with bits and pieces of lots of different systems = not sure if that helps or not

SJ1

Can anyone please help??:D

Optimist

SJ1 wrote: »

Hi there everyone

Not being familiar with this legislation I was wondering if anyone could assist me with whether S 75 could help with my situation.

About a year ago we completed a gas conversion on our car. The work was carried out and everything appeared to be working fine. We had the car serviced more locally after a year and basically the mechanic has told us that the system fitted isn't fit for purpose and will ruin the cylinder heads in the car as the system has been fitted in the cheapest way possible basically - in spite of the fact we paid £1,500 for the work.

The company was recommended at the time by UK LPG who we contacted. The original garage that we used has basically disappeared and UK LPG are telling me that they became unhappy with the work that this company were doing and subsequently took them off the approval list after our work was carried out.

Can I use s75 to help me claim to get this fixed? The cost will be £1,000 to do so and that doesn't include fixing any damage to the cylinder head. I am so cross that we have got caught out by a dodgy garage even though we went through a recommended list for this. The only issue is that the system is still working but we have been told that it will cause massive damage to the car if we leave it as it is so at the moment we are running the car on petrol and not using the system until we have sorted this out.

Any advice very gratefully received.

SJ

Under the Sale of Goods and Services Act you are entitled to expect that the work will confirm to contract

The problem will come from the time that has elapsed since this conversion. The card company will probably insist on a written report to state the installation wasn't fit for purpose from installation.

If you can get such a report confirming all you state then I see no reason why Section 75 wouldn't apply, but be prepared to go through the card companies complaints process and even to the Ombudsman.

SJ1

Thank you, I will give it a go. It can't hurt afterall. Thank you for the advice.

SJ

3362tracey

Hi. Looking for some help out there! On 30.10.12 I bought an ipod from a company called BTM Comms for £99.00 and paid for it via my credit card, thinking I would be protected if things went wrong. I never got my ipod as within 24 hours I received an email from the company saying that they were cancelling all orders and that I should get a refund via Nochex, the online payment service through which I made the payment, within 2-3 days or by 9th Nov at the lasted. I have still not received a refund. Mastercard are refusing to deal with it as either s.75 or a chargeback as I paid via a third party, Nochex. Nochex won't deal with it as they say there are no funds in the merchant's account with which to make refunds. The company's website says that they have placed the company into liquidation! I can't get a company registration number for them as the guy at the Insovency service can't find a company in that name. I know I'm probably not protected by s.75 as the goods were a quid less than £100 but is it correct that credit card companies do not have to deal with it as the merchant had requested payment via Nochex? Can I not insist the bank tries to refund me via a chargeback claim? Is my only avenue of redress as an unsecured creditor even though I thought I was doing the right thing paying via my credit card? If that's the case, people need to be made aware of the loss of protection they incur when, unwittingly, make payments via the likes of Paypal/Nochex. Any help/advice would be really appreciated.

kevnlilley

I booked a hotel room on my card which turned out to be a flea infested grubby dump. I left after discovering the fleas during the night having been bitten again and again.
The owner was not interested in giving any form of refund.
Initially Barclays issued a charge back and refunded my card two nights at £150 per night. But they've since charged my account again and say there's nothing they can do as the issue is one of quality of service rather than faulty goods, supplier gone bust etc. they've advised me to deal with the hotel owner direct.

I thought section 75 covered services as well as goods.
Am I wrong ?
Or is Barclays wrong ?

Kevin

dee1226

Hi,

I have made a claim under section 75 to Barclaycard. They have asked me to "provide a copy of an Independent Assessment Report for the goods along with the repair estimate from a suitably qualified professional to prove your claim"

As my claim is for an iPad 3rd generation which was advertised as being a 4G/LTE device however it is not compatible in the UK. Who could I approach to provide such a report? Surely the fact that Apples own website shows my device as not compatible is enough?

any advice much appreciated

lawrencezarb

Hi, in October I placed an order for a mattress from an online retailer.

On their web-site they state delivery is within 10 days. After 2 weeks I sent them an email chasing the delivery, but no reply. I spent 2 days phoning them until they finally answered the phone and said they my order had missed the delivery slot and would be another 2 weeks.

Last Thursday I sent an email to them requesting an update, but no reply. I called them on Monday morning and left a voicemail, but they did not reutrn my call. On Tuesday I sent them an email notifying them to cancel my order and gave them 48 hours notice to acknowledge my request.

I called them yesterday morning and left a voicemail confirming what I said in the email, stlill no reply.

As I cannot seem to contact the retailer and they have failed to deliver my goods, I want to make a claim under Section 75.

Do I have grounds to make the claim?