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Section 75 refunds - article discussion

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  • SemperFi
    SemperFi Posts: 2,743 Forumite
    Hi. Just bought a tv on "buy now, pay later". Used debit card to pay 10% deposit. Barclaycard financed the rest through the shop's finance scheme.

    Currently owe approx £1200.

    Does "buy now, pay later" qualify for Section 75?
    If I pay some of the remaining balance off using a credit card, will the tv be covered by Section 75?

    Thanks in advance
  • My bank (Cooperative) have just told me that if I wish to claim under section 75 I will have to pay £5 fee is this anew scam or correct ?
  • lennyamco wrote: »
    My bank (Cooperative) have just told me that if I wish to claim under section 75 I will have to pay £5 fee is this anew scam or correct ?

    You dont need to pay anything. Write them a letter, co-op on the phone = useless :)
  • SemperFi wrote: »
    Hi. Just bought a tv on "buy now, pay later". Used debit card to pay 10% deposit. Barclaycard financed the rest through the shop's finance scheme.

    Currently owe approx £1200.

    Does "buy now, pay later" qualify for Section 75?
    If I pay some of the remaining balance off using a credit card, will the tv be covered by Section 75?

    Thanks in advance

    It might be! but also check if the 'buy now pay later' agreement is already covered by S75.
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    SemperFi wrote: »
    Hi. Just bought a tv on "buy now, pay later". Used debit card to pay 10% deposit. Barclaycard financed the rest through the shop's finance scheme.

    Currently owe approx £1200.

    Does "buy now, pay later" qualify for Section 75?
    If I pay some of the remaining balance off using a credit card, will the tv be covered by Section 75?

    Thanks in advance

    The Consumer Credit Act is a complex piece of legislation but generally if this buy now pay later is, as it seems to be, a form of hire purchase then the answer would be, no Section 75 would not cover.
    "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)
  • SemperFi
    SemperFi Posts: 2,743 Forumite
    Optimist wrote: »
    The Consumer Credit Act is a complex piece of legislation but generally if this buy now pay later is, as it seems to be, a form of hire purchase then the answer would be, no Section 75 would not cover.

    OK, thanks.

    Even if I pay some/all of the remaining balance with a credit card?
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    SemperFi wrote: »
    OK, thanks.

    Even if I pay some/all of the remaining balance with a credit card?

    My opinion it would make no difference. The Ombudsman, which is where it would end up might have a different opinion...

    You say you have just bought the TV so you will be covered under The Sale of Goods Act if you have a problem with the TV...Have you read the consumer rights section on this site ?
    "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)
  • Hi i'm looking for some advice on a purchase made on the 13/11/2012.

    I treated myself to a new mountain bike purchased online via my credit card - (1999.00). Within a couple of rides i noticed that there was some rubbing between the front wheel and the forks. I informed the seller, a shop located a long distance away from my location in the UK and eventually i was given the option to return the bike to the actual manufacturer due to them being closer to me.

    This issue was sorted out with a new set of forks and tightening the spokes.

    On getting the bike home i was refitting the mud guards and noticed that around the rear part of the frame some 'flaking' had occurred of the top gel coat finish. As the bike was so new i emailed both the shop and the manufacturer about the problem. Another journey back to the manufacturing team and they said they had not seen this before, but replaced the rear section.

    So i thought all was complete and no further issues.....

    During cleaning last week I noticed that the flaking had returned, I have again emailed both the shop and the manufacturer with the issue.

    Today I received an email from the manufacturer saying,

    "I have had a good look at their pics provided and I am convinced I am looking at lacquer peeling which is as a result of where the pivot bolts go into the frame, although this looks unsightly there is no cause for alarm, due to the thickness of the lacquer this is always going to happen in areas like the swing arm, an occasional inspection and touch up with a clear coat lacquer is probably the best option,

    If you want to bring the bike in to us we can have another look and put your mind at rest."


    Now i have no issue in taking the bike back to the manufacturer, but i do have an issue with the comment...

    "this is always going to happen in areas like the swing arm, an occasional inspection and touch up with a clear coat lacquer is probably the best option"

    I want to keep the bike in the best condition possible for future resale values, but having to 'repaint' the lacquer is not something i would have expected. You wouldn't expect to repaint your new car after 6 months...!

    Could i make a section 75 claim against the credit card
    Many thanks..
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    SemperFi wrote: »
    OK, thanks.

    Even if I pay some/all of the remaining balance with a credit card?

    Any amount no matter how small paid on a CC, as long as the product is between £100 & 30000, then the whole amount is covered by S75.

    See WHICH Consumer Rights: -
    "To claim under Section 75 of the Consumer Credit Act, the item or service you bought must have cost over £100 and not more than £30,000.
    You don't have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.
    It's the value of the goods you're buying that is key - not the amount paid on the card."


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


  • SemperFi
    SemperFi Posts: 2,743 Forumite
    Optimist wrote: »
    My opinion it would make no difference. The Ombudsman, which is where it would end up might have a different opinion...

    You say you have just bought the TV so you will be covered under The Sale of Goods Act if you have a problem with the TV...Have you read the consumer rights section on this site ?
    derrick wrote: »
    Any amount no matter how small paid on a CC, as long as the product is between £100 & 30000, then the whole amount is covered by S75.

    See WHICH Consumer Rights: -
    "To claim under Section 75 of the Consumer Credit Act, the item or service you bought must have cost over £100 and not more than £30,000.
    You don't have to have paid the full amount on your credit card – the card company is liable even if you made only part of the payment (a deposit, say) on your card.
    It's the value of the goods you're buying that is key - not the amount paid on the card."


    .

    Yes, I'm covered by SOGA. But I'd also like the security of S75.

    It's a little bit confusing but thanks for the information.
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