Section 75 refunds - article discussion

kitten30

hello forum....

i have read, re-read, and read even more the information on 'section 75'.....as well as rung trading standards, free legal advice, and advice given freely by a friend of my mine who was having dealings with her solicitor so asked briefly on my behalf!!

As mentioned in the title it is about where 'experiences' lie within this area!!

In short,

my family and i (that being myself, my sister, my mum and her husband) went for an 'experience' photoshoot that had taken almost 18 months to arrange because of work/family commitments..plus we'd never had one done before!

The package specifically was:

Refreshments served throughout
A consultation
Hand treatment
Skin refresh
make up applied by a top artist
hair styled
professional photoshoot with up to 4 out fit changes
An A4 print to cherish forever

We arrived at 11:50pm and were offered nor served any refreshments, and we left at 16:50!
There was no consultation whatsoever
2 out of 4 of us got hand treatments
Nobody had a 'skin refresh'
My hair was done before anything and despite having a conversation with her about how fine my hair was and that it would drop quite quickly she still went shead and told me that if it 'droped' by the time we went for out photos doing she would re-do!!...naturally she had gone and noone was there to do it when to came to that point!

I tried to tell the photographer when he arrived that i needed it to be redone and he just ignored me!

The shoot itself was an embarrassing and hot and sweaty nightmare...i had sweat pouring down my face and chest, my hair had gone completely lank and despite saying that they provided 'group' shots there was no-where to change in private and no where to hang the other 3 outfits!!?

We were then told to wait in the reception area???....and after 20 mins were called to a viewing room where we were rushed through the images and told that we had to make a decsion there and then (not something that had been mentioned before!). We were all completely knacked having travelled from Leeds/Nottingham and Birmingham to get there and not having anything to eat or drink whilst we were there and to save embarrasment in front of my mum and took the'deal' for 8 images put onto a CD (plus £5 postage).

I have to say that when i got home I was so utterly bereft at having put my mum through such a torrid experience and the shock in her face when he started talking prices!!...(since when is it justifiable to price a 7" x 5" print at £50!?? He aslo claimed that he had 'touched' some of them up, but he hadn't he had just altered the saturation!

Now, it just so happens that i was going back there again (not for myself), as an accompaniment to my partners 20 year old daughter 9 days later. She had a far better 'experience', drinks offered, consulation, far better photographer, although there was still a huge amount of bullying when it came to the viewing at the end...she is only 20 and at colleg and she kepttellig him that her budget would only stretch to £150...bt he kept saying that she would need to pay £340 so that there enough images of her to sen to a modelling agency\!!!... Fortunatley having been there before i told her to stick to what she had and not be bullied into anything else!!...she was then charge £150 for 4 images onto a CD versus mine of £805 for 10 images!!

I sent them a recorded letter outlining how i thought they had failed on anumber of points in fulfilling the 'experience'...heard nothing, emailed and so the correspondence and lack of it from their part has gone on!!

They offered to send us all of the products that were used on the shoot just by way of an apology and then asked it we wanted a reshoot or refund?!. Obviously, how could we go back?? plus they still don't have adequate changing facilities..... so the manager of the place said that he thought we wouls go down that route but he wasn't in a position to authorise a refund. I then got an email to say 'sorry that you had a bad experience' but either take the reshoot or 'tough !!!!' basically. They said in the email that we would'nt be getting a refund but absolutely no explanation as to why!

Have since sent the Section 75 letter to them, and also to the credit card company...and gues what??? heard nothing!!//

SO MY QUESTION IS, WHAT IS THE POINT IN IN HAVING THESE LAWS AND RULES WHEN QUITE FRANKLY NEITHER THE SUPPLIERS OR CREDIT CARD COMPANIES GIVE A TOSS AND MAKE IT SOOO DIFFICULT FOR PEOPLE TO BE TREATED FAIRLY THAT THEY GIVE UP!!!/...Its glaring obvious that this is on ar greater scale than people thin!!!....so is there actually any point n Section 75 whatsover??....surely if i have to then involve my solicitors, becaue, unlike othersi refuset let them get away with what they're doing (you only have to look at reviews to see the same story!!)

So will someone please explain to me how to stop this practice happening to so many other people and how i get my money back. I can tell you that when the CD arrived 8 weeks later...not only were the images awful, there was also an image of a complete stranger on there!!.so much for privacy ehh???

Yours totally exhausted by it all

Kate

hollydays

I think maybe this isn't a section 75 issue,but a breach of contract issue-consult Consumer direct,but i suspect if you werent happy you should have refused to pay for the photos-plus if it was so bad,why would you go back?

see

http://forums.moneysavingexpert.com/showthread.html?t=321539&highlight=photoshoot

search the companies name on here-there are many similar accounts.

kitten30

thats the point.....i wouldn't!!...won't be....my partners daughter was already booked etc...but thats why i want a refund, cos there's no way i'm going there again!!

kitten30

Also.....

I have sent a letter to the company as per the template from consumer direct saying that it is a breach of contract and heard nothing so sent the template of section 75 to the bank...and also heard nothing!!??....so what are these sections and breach of contract actually capeable of doing????....

xonitta

I bought a vehicle from an Independant Dealer a few months ago for the going rate, on the first day of purchase I noticed a knocking noise when manouevering slowly and parking, three days later I asked them to have a look at the knocking noise, from that day onwards I had a battle on my hands to try and get them to either refund my money or correct the problem , I waited and waited, each time I contacted them the more they would avoid the knocking noise and tell me I was lying about the noise.

Eventually I took the vehicle (Toyota Rav4 auto) to Toyota to have the problem looked at. They reached the conclusion that the Gearbox needed to be stripped to discover the problem and told me that it was likely to cost around £1700 (never mind the leaking sump, £200 I had to spend on brake pads & discs the first week and a leaking rear shock absorber) and they they would never have sold me a vehicle in this condition.

Eventually after a number of attempts I contacted MBNA and invoked section 75 and make them jointly liable for the damaged vehicle. Around 2 weeks ago I noticed that the dealers had closed down and dissappeared, I immediately contacted MBNA to ask what would happen in this case, they said they would send me a proposal the following week, I thought great finally some type of resolution to my problem!!

Amongst other bits here is the summary of their response : "When you elect to purchase an older car with high mileage in our view the risk for mechanical failure is high.In addition, the merchant responded to your complaintstating that the vehicle was fit for purpose concurrent with it's age and mileage" and basically adding that I'm not entitled to anything at all!!

Any suggestions as to what I can do with this matter? If I did get a lawyer would I be able to claim for the lawyers expense from MBNA?

Thanks in advance for any help as I now truly feel helpless.

rc3675

I think additional information on how to deal with Paypal would be very useful.

My, costly, experience was this;
I paid for a £200 bike on paypal, shipped from the UK. This was faulty and the paypal process was invoked. However although the item was shipped in the UK, the seller was in the US, and to receive my money back I had to ship the bike back to him (in the US, not the UK location that he shipped from!). The problem then was it would have cost me £300 to ship the bike to get a £200 refund:eek: .
As it was paid by credit card via paypal I had no section 75 option available, even trading standards couldn't help and the seller, putting it politely, was less than helpful, just telling me to sue him, as he didn't care:mad: . Eventually I decide the only course of action open to me to re-coup any of the money was to sell the faulty bike for a loss.

cricketgem

I bought a kitchen from MFI - they went into administration on the 1st day of my kitchen being fitted. I paid £1500 on my credit card and the remainder on a cheque. I didnt receive over £3k worth of goods so when my kitchen was delivered it was half missing. I went out and bought all new white goods and worktops. the manager at my local store was going to give me a refund which of course didnt happen. Now my credit card company is saying that it will only give me £1.5k back - ive argued and now sent the template from this website. this morning ive contacted the financial ombudsman who will take up my case. Do banks generally do this straight away before backing down?

hbk29

ClaireL wrote: »

Is there a time limit to start a claim under Section 75?

Did anybody answer Claire's question, becuase I need to know the very same information...!

Any help gratefully received.

:T

Former_MSE_Wendy

There's no timescale as such but it depends on why you are claiming under S75 due to this bit of the Act - "he shall have a like claim against the creditor".

If it's due to administration you'd probably know quite quickly you want to claim but if it's for a breach of contract, eg faulty goods, you'd probably follow the same timescales as your standard statutory rights (more info in our Consumer Rights guide on this), meaning claims for faulty goods you purchased recently should be fine but those purchased 25 years ago are unlikely to get paid.

Hope this helps.

p.s. If you need specific questions answering on your consumer rights try Consumer Direct on 08454 04 05 06.

zachft

My mother's watch is 'partially' faulty, which I bought via my MBNA card from an online internet company. After the intial discussion they are suggesting paying pro rata of the guarantee (which is worth £40) since the company went bust. The watch was bought for £400. Does anybody know if we can insist on claiming the full amount rather than just the guarantee cost or even paying a jewler to and fix it?

Thanks.