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Section 75 refunds - article discussion

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  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ukiann wrote: »
    Hi guys just after a bit of advice.

    Long story short... I bought a phone from O2 in November, I returned it beginning of January as it had developed 2 faults that I felt were unsatisfactory due to its cost and age (just under 6 weeks old when i returned it). I was met with a very stern, miserable lady who was fine up until she saw it was outside of O2's 28 day return policy. She then went in to hyper nasty mode, and told me and i quote "It's no longer O2's responsibility, we aren't liable for the phone anymore the manufacturer is resposible". :eek:

    I immediately got on the phone to my credit card company (Vanquis) and explained what had happened. They put in the claim, I received a form within a few days which I returned instantly. about a week or so later they called and asked if I could provide some proof that O2 would not take the faulty phone back. So I did, sent it to them and a few days ago they credited my card with the full amount!

    My question and concern is now this, in the letter I received it says under VISA regulations the retailer has 90 days to challenge the decision. If they do, and they are successful then the full amount will once again be taken from my card! :eek:

    So, I have a faulty phone which I want to replace. I have got the money back to purchase a replacement but I am now too scared to spend it in case the decision is overturned and they take the money back!

    Any words of advice would be greatly appreciated! :D

    Was this done by Chargeback as against S75?

    .
    Don`t steal - the Government doesn`t like the competition


  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    ukiann wrote: »
    Hi guys just after a bit of advice.

    Long story short... I bought a phone from O2 in November, I returned it beginning of January as it had developed 2 faults that I felt were unsatisfactory due to its cost and age (just under 6 weeks old when i returned it). I was met with a very stern, miserable lady who was fine up until she saw it was outside of O2's 28 day return policy. She then went in to hyper nasty mode, and told me and i quote "It's no longer O2's responsibility, we aren't liable for the phone anymore the manufacturer is resposible". :eek:

    I immediately got on the phone to my credit card company (Vanquis) and explained what had happened. They put in the claim, I received a form within a few days which I returned instantly. about a week or so later they called and asked if I could provide some proof that O2 would not take the faulty phone back. So I did, sent it to them and a few days ago they credited my card with the full amount!

    My question and concern is now this, in the letter I received it says under VISA regulations the retailer has 90 days to challenge the decision. If they do, and they are successful then the full amount will once again be taken from my card! :eek:

    So, I have a faulty phone which I want to replace. I have got the money back to purchase a replacement but I am now too scared to spend it in case the decision is overturned and they take the money back!

    Any words of advice would be greatly appreciated! :D


    As this was a chargeback, you are right to be cautious. If the chargeback is rejected you will be redebited so you might be better waiting until the 90 days is up before buying another phone.
  • Thanks guys.

    It was indeed a chargeback. I think that is a stupid way of doing things, I would rather them dispute the claim and only refund me once they know it's done.

    Refunding a cutomers money is lulling them in to a false sense of security. Many would be tempted to spend the refund, I will be more cautious and wait until 90 days is up. Even though it seems a long time, I don't want to go spending the money to then find i am billed again :(
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    ukiann wrote: »
    Thanks guys.

    It was indeed a chargeback. I think that is a stupid way of doing things, I would rather them dispute the claim and only refund me once they know it's done.

    Refunding a cutomers money is lulling them in to a false sense of security. Many would be tempted to spend the refund, I will be more cautious and wait until 90 days is up. Even though it seems a long time, I don't want to go spending the money to then find i am billed again :(

    Where i work, this can be done if you ask when the dispute is raised. Instead of crediting you, the card issuer can credit a suspense account instead and then credit your account if the chargeback doesn't reject. Why not just move the money into another account for now ?
  • Hi I am new to the forum and was wanting to know whether if I buy two items from a website which will cost £56 each, the website is based in the US and I would pay by one of my credit cards. Would I be covered under section 75 for a refund if they do do not turn up? Or am I right in thinking that as they are two separate items, even though they both would be posted together and not received together that I would not be able to claim?

    Is there any other way to safe guard myself regarding this purchase as this would be a new supplier to me.

    Many thanks
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi I am new to the forum and was wanting to know whether if I buy two items from a website which will cost £56 each, the website is based in the US and I would pay by one of my credit cards. Would I be covered under section 75 for a refund if they do do not turn up? Or am I right in thinking that as they are two separate items, even though they both would be posted together and not received together that I would not be able to claim?

    Is there any other way to safe guard myself regarding this purchase as this would be a new supplier to me.

    Many thanks


    You would not be covered, for S75 the items need to cost,(each), between £100.00 & £30000.00.

    You should be covered by Chargeback, if your card is VISA.

    .

    .
    Don`t steal - the Government doesn`t like the competition


  • meer53 wrote: »
    Where i work, this can be done if you ask when the dispute is raised. Instead of crediting you, the card issuer can credit a suspense account instead and then credit your account if the chargeback doesn't reject. Why not just move the money into another account for now ?

    The credit is just sitting as a CR on my credit Card account. I have no way of getting to it do i? Without incurring a charge with withdrawing money.

    The S75 thing looks great on paper, but in practice I am not so sure about it now. If this was a more costly purchase and I wasn't able to replace the phone myself I would be rather upset! I just think Vanquis should not contact the customer regarding refund without knowing the dispute is over.

    Keeping my fingers crossed that O2 aren't successful in overturning the refund.
  • meer53
    meer53 Posts: 10,217 Forumite
    Tenth Anniversary 10,000 Posts Combo Breaker
    ukiann wrote: »
    The credit is just sitting as a CR on my credit Card account. I have no way of getting to it do i? Without incurring a charge with withdrawing money.

    The S75 thing looks great on paper, but in practice I am not so sure about it now. If this was a more costly purchase and I wasn't able to replace the phone myself I would be rather upset! I just think Vanquis should not contact the customer regarding refund without knowing the dispute is over.

    Keeping my fingers crossed that O2 aren't successful in overturning the refund.

    You could ask your card issuer to transfer the credit to your bank account free of charge (thats what we would do) or leave it there until you're ready to spend it again.
  • mycar37
    mycar37 Posts: 67 Forumite
    Not sure if this question is in the right area. I thought I read somewhere that companies are not supposed to charge a percentage or a fee for using a credit card. Am I correct?
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    mycar37 wrote: »
    Not sure if this question is in the right area. I thought I read somewhere that companies are not supposed to charge a percentage or a fee for using a credit card. Am I correct?

    I think it is a pretty safe bet that you have never flown with Ryan Air or its ilk.

    Cant remember when the rules changed but many years ago now but yes they can charge a surcharge if you use a credit card. Many don't and absorb the merchants fees they are charged by the credit card companies but some do charge.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
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