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Section 75 refunds - article discussion

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  • HI guys i could do with some advice. last night i stayed at a five star hotel . at approx 1 am the neighbors decided to have a party. we complained . it was dealt with but 10 mins later it began again . we complained again and security dealt with it. minutes later it began again. after 30 minutes of laying there trying to sleep and my 5 month old constantly jumping at the loud banging next door, i lost my patience and packed up. we left at 3 am after speaking to the manager who attempted to win us round with an upgrade . we said we'd give them chance to resolve the issue twice and had enough and wanted a full refund.
    we were told they understand and that was fine. my hubby rang at 9.30 today and wanted to speak the manager . it s now 6.45 pm no phone call from the manager has been received and no refund has gone through . we were suppose to stay for two nights but didn't even last one
    please can anyone tell me can we chargeback on our credit card
  • My partner and I booked a holiday at a favourite hotel of ours. As it was a 'usual haunt' of ours, no deposit was taken. However when we stayed there, we found that the hotel had gone into liquidation and it was being run by administrators. No-one had thought to contact us to warn us (otherwise we would probably have made other arrangements). It was to celebrate our anniversary and valentines day.
    The booking was for 6 nights but we only stayed there for 3 as it was being run on a shoestring. The staff were reduced to a skeleton, the chefs had been laid off and the evening menu (included in the price) was a basic selection. Even the rooms were not as well looked after (we ran out of toilet paper, toilettries etc). It was SO disappointing. When it came to paying the bill I deliberately put it on my Capital One credit card so that I could dispute it later under the Section 75 rule. However, in this case we were apparently not covered as we had received the requisite 'Dinner Bed and Breakfast' booked (even though it was one single male administrator who was looking after the rooms, cooking breakfast etc). We even took the case to the Financial Services who simply backed up Capital One.
    So beware, you are not always covered!!
  • Does Section 75 apply to a wedding bill, eg paying the venue for food, entertainment etc? I have agreed a quote for approx 6k, and paid the venue £1k deposit. The payment is coming via worldpay i think but for an independant venue.
    Hence, do I really need wedding insurance?
    Thanks
    Grant
  • Hi bought a suit for a wedding ( on my credit card for £575) that the retailer was going to adjust to fit my size. I informed them of the date by which it was required. I had a call a week before the required date saying it was ready. When I went to collect, it was too tight. As there was still time I left it to be fixed informing the retailer the very las day I could collect was that Friday ( the required date) When I went to collect on the Friday it was still too tight and therefore un wearable for the wedding ( not fit for purpose). I was refused a refund and so I did not collect the suit and made a section75 claim. The credit card 2 months later has asked me to collect the suit and get an independent report stating that the item is not to the measurements taken as the retailer has refuted the claim saying it is to size and I just changed my mind.

    Do I have to do this or is it something the credit card company should be doing? As I don't want anything to do with the retailer who can be abusive and aggressive. Also the retailer has now had time and may have fixed the problem but this was not by the date I needed.
  • Hi,

    I am part way through a protracted "negotiation" with credit card company for the refund on a bike that repeatedly broke down. They have agreed in principal that I am due a refund on the bicycle, but now we are in negotiation about reduction due to usage. I understand I can claim costs, but would like advice on which of the following I can claim back:
    a) direct costs when the bike was unusable (e.g. tube/taxi fares)
    b) cost of my time to claim a refund (either all of them or only those after they had faired to resolve the issue after a reasonable time)?
    Thanks.
  • Hi all

    My partner and I booked a holiday with Thomas Cook. I paid the low deposit of £200 by debit card. Balance was to be paid by 23rd October. The problem is my partner now has to have surgery on 13th December. The recovery period will take months so unfortunately the holiday for 29th January can't go ahead. I tried to cancel the holiday but was told I couldn't unless I paid the balance but I'd lose a lot more money. Now Thomas Cook have send a demand for payment and threatening ccjs etc. Anything I can do?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi all

    My partner and I booked a holiday with Thomas Cook. I paid the low deposit of £200 by debit card. Balance was to be paid by 23rd October. The problem is my partner now has to have surgery on 13th December. The recovery period will take months so unfortunately the holiday for 29th January can't go ahead. I tried to cancel the holiday but was told I couldn't unless I paid the balance but I'd lose a lot more money. Now Thomas Cook have send a demand for payment and threatening ccjs etc. Anything I can do?


    Not unless you have insurance? that is why insurance is advised when making the booking. Even then if the illness was known about it would not cover you,

    S75 would not cover this even if you had used a credit card.

    Thomas Cook may not be allowed to request the whole amount as they have to mitigate their losses, so if they can sell the holiday to someone else then you would have to pay a reduced sum.


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


  • derrick wrote: »
    Not unless you have insurance? that is why insurance is advised when making the booking. Even then if the illness was known about it would not cover you,

    S75 would not cover this even if you had used a credit card.

    Thomas Cook may not be allowed to request the whole amount as they have to mitigate their losses, so if they can sell the holiday to someone else then you would have to pay a reduced sum.


    .

    Hi there

    Thanks for the reply

    I bought insurance when I booked the holiday, would this cover it even though it's a pre existing condition?
  • derrick
    derrick Posts: 7,424 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Hi there

    Thanks for the reply

    I bought insurance when I booked the holiday, would this cover it even though it's a pre existing condition?


    It is very unlikely, one of the questions is on the lines of "are there any pre existing illnesses", if you answered yes then they would have asked more detailed questions re the illness, if you answered no, then you will have lied on the form and the insurance would be void.

    Have a read through the paperwork/T&C's to see what is said about pre existing illnesses.

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


  • gmar96
    gmar96 Posts: 33 Forumite
    Hi,

    I wanted to ask a question about the reply from Nationwide CCS regarding my claim under section 75.

    This claim is for a washing machine that broke down after 16 months. I do not have an engineer's report. The retailer Tesco offered £125 money card without said report. I refused as I paid £277 and felt it was inadequate. They sent the money card anyway. I called to again refuse. They would not budge further.

    I escalated the complaint to disputes at nationwide and points of the reply follow...

    Cannot force retailer to refund under Visa rules (Charge Back?)


    However Nationwide MAY be equally liable under S75 for any breach of contract or misrepresentation by the retailer.

    More investigation needed


    I wonder what does the investigation entail? A report on the fault? An engineer did come; but when I explained my situation he did not want to touch the machine to avoid prejudicing any investigation. He did state merely from hearing how the machine stopped and attempted to open the door lock that the fault was circuit board; rendering it too expensive to fix economically.

    FYI I countered Tesco's offer with my own calculation based on length of usability and initial cost. This worked out at £215 approx refund.

    I sent the same to Nationwide with add on consequential losses of 3 weeks wash n dry at £30

    Bottom line can they refuse my claim. If so on what grounds?

    Any advice would be most welcome.

    Thanks

    G
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