Section 75 refunds - article discussion

rochdale_cowgirl

Hi there - We pay £365 per year in advance (on visa) to cover one of our more expensive household items. We rang up last week to make a claim for a new part only to be told that the UK firm had gone bust, but they did have our part in stock (luckily) but don't know how they'd get it to us. If they do, then great, but our insurance is until August '09. Can we claim a pro rata amount of the insurance payment, or the full amount, or anything? Thanks in advance.

MattB78_2

Just a quick question. I have just ordered a sofa and am waiting for delivery. However what I am unclear about is if I settle my credit card in full before the item is delivered, will I still have this protection if the company goes bust in the mean time. The other option is to only make the minimum payment on the card until the goods are delivered but this then means I incur interest charges. I am relatively confident I won't have to rely on this however in the current climate you never really know do you.

meejaguru

I bought a bedroom from MFI, cash deposit of £500 but the remaining £2k on credit card. The bulk of it was delivered and installed but a couple of significant bits didn't turn up and now they've gone bust.

I put in a claim with the credit card company and they wrote back saying that as I'd had partial service I wasn't eligible to pursue a full refund but if I get quotes for someone to finish the work they'll 'give it their full attention'.

The issue is that no-one will be able to match the furniture for design, style, colour, finish or anything else, so even if I get quotes for someone to finish it off, it'll never be right, and I'll end up with a £2.5k fitted bedroom that doesn't match. I'll also need my new carpet replacing because it's cut to fit around the existing furniture and there's a good chance anything else will be a different size, and the same goes for wallpaper.

Basically it's a nightmare of biblical proportions!

So the question is, can I still pursue the claim for the full amount? In my opinion, what I need is to have what's there ripped-out, have the walls etc. made good and then buy something else from a different supplier and have that fitted in its place but I can't envisage me getting any joy on that unless the law is on my side.

So, does anyone know the answer? What does anyone think?

Cash_786

Have Read. Great site as always.

Questions:

1) How was £30,000 max figure for section 75 arrived at?

2) If the item, (off plan property, car, or anything else), is more than £30,000, then is the claim VALID UPTO £30,000? If NOT, WHY NOT??!!

My Situation: I paid £2,000 reservation fee by credit card for an off plan property to a 'reputable' agent. The remaining funds were to be paid to the developer directly in instalments. It has been accepted that the initial salesperson that has now left the agent had misrepresented the sale in several ways.

The off-plan property is about £100,000. I have cancelled my intent to purchase informing both agent and developer.

The Agent says that it has passed the 2K to the Developer as it was a reservation fee.

But surely if what I was reserving was not as had been described...?

Any chance of £2,000 back? PLeeeeeeeeeeeeease!!

yorkie0010

Hi There, i would be grateful if someone could help me.
I have paid 50% of my wedding dress way back in June 08, and was due to pay the rest when i get married in Sept 09, however, I received a letter from the retailer saying that due to his supplier changing their terms and conditions, they required payment with in 14 days. I looked at my contract i signed when i paid the deposit and there is no clause stating he can change his mind regarding payment. I therefore am pretty sure you can not just request payment for the whole thing. Anyway, this has set off alarm bells as surely my 50% deposit would have covered the suppliers cost therefore I now think this retailer is struggling and have been advised by a financial friend to pay the rest straight away as sounds like retailer in trouble. I therefore was wondering if I paid the rest on my master card would this cover me for the whole thing?
Also would i be safe to leave my dress in their premises even if i do pay for it all as they were going to do the alterations or would i be best to grab and run.
I would be really grateful for any advise asap.

Many Thanks

Bridezilla Vicky

nergelag

I can see from the examples in the article that Section 75 applies to goods costing over £100, but what about services. Specifically my daughter needs to have some orthodontic work which will run over 15 months and cost quite a lot of money. If I pay by credit card, will this be covered if the orthodontic practice went bust?

d2cracker

Here is one guys,

I paid for 3 flights back from Turkey on my CC for my sister in law, £300 +. My sister in law then called me back saying not to book. But already done..... grr. I called the company back and they just said no refunds( company based in turkey).

Called lloyds just to be told nothing can be done. Can I claim under section 75.
cheers
si

gem1979_2

I brought a built in Electrolux fridge freezer in June 2007 which started playing up in August 2008. The manufacturer would no longer cover the repairs as the 12 month warranty was up although they have paid 50% of the parts but not the fitting. The repairs haven't worked though and fridge is still broken. We've tried the retailer but didn't get far. Can I still claim on my credit card if the warranty is up and does it make a difference if I've since cancelled that card? It was Halifax Mastercard if that helps. Any advice greatly appreciated.

Browney265319

Hi, I'm having exactly the same trouble with Nat West Credit Card. Since September, I have been in correspondence with them requesting a refund but despite sending them the relevant documentation and quoting Section 75 of the Consumer Credit Act, they are still refusing to refund £459 paid as a deposit for flights with XL Airlines! I have today received another letter from them telling me I have to apply to ATOL for the refund and they have enclosed the ATOL forms for me to complete with that letter! Do I "roll over and give in" and complete these forms which they say I have to send back to my Travel Agent or do I pursue Nat West further? Any help would be gratefully appreciated! Thanks

KTM_Gordo

If you had a package tour booked then yes, ATOL is where you should go. If it was flights only then it's your credit card company's responsibility.

The CC companies like to put up a fight, but the Financial Ombudsman Service is an independent body that will adjudicate in a dispute - at no charge to you. It isn't a fast process: I referred my complaint to them in November, and in a call to them this week they confided that they're still working on August's complaints.

Their web site is www.financial-ombudsman.co.uk, and you can have a look at some case studies to see the likely outcome - although they look at each case on its own merits.

Hope that helps