Section 75 refunds - article discussion

gmar96

Anyone got any thoughts? I should probably wait for NCCS to conclude their investigation, just hoping I could get a word from someone who's experienced something similar.

Thanks :cool:

Clive_Woody

Last year I had laser eye surgery at Ultralase and I now understand that they have gone into administration and from what I have heard (not 100% confirmed) the new owners, Optimax, will not be honouring the lifetime treatment guarantee that was offered by Ultralase.

I paid for my treatment in full by credit card. My right eye is not 100% right and I was told to wait to see how it settles down before possible re-treatment. I am now concerned that re-treatment will not be covered by the guarantee that I thought I was covered by.

Is this something that would be covered under section 75? If so should I reclaim the original amount paid or the cost of re-treatment?

What happens if I need treatment again, can I make another claim?

The lifetime guarantee was a big part of the deal for me and I don't want to sound greedy but I paid a lot of money for this and now I fear I am at risk of not being covered (yes in hindsight I should have found out whether the guarantee was covered by any kind of insurance in case the company folded).

Any advice very much appreciated.
Thanks

Fletchasketch

Clive_Woody wrote: »

Is this something that would be covered under section 75? If so should I reclaim the original amount paid or the cost of re-treatment?

I think it's definitely worth a go. Whilst it's not the same thing, I recently had a claim accepted for orthodontic treatment. I'd received part of the treatment (whilst that's completely useless without the full treatment) and the card company refunded the full fee. I'd like to think that this means card companys take a sympathetic stance where it comes to companies which provide treatments going into administration.

Dottyscotty

Hi there,

Can anyone advise please? I purchased a Belling Cookcentre range cooker and have had nothing but trouble with it since the first year. Belling did replace the front fascia which was losing all its printing, then the following year the print was going again.
Various other problems cropped up and I have had continuous contact with Belling over the years. They are just not interested and dont manufacture the defective parts any more.
What I would like to know is, is there a time limit for trying to reclaim the money back?
Many thanks.

Paladin5

Hello all,
I recently paid over a £1000 for a holiday in the uk with a holiday company with my Visa card, part of this payment (£350) was as a returnable deposit upon completion of the holiday. Since then (August) we have not heard from the company despite repeated emails and recorded delivery letter. I have since read on the net that this company seems to be notorious at returning deposits,
Does anyone think I have a claim under S75?
Thanks in advance.

judy7007

Five days before I was to travel to Ethiopia on a tour with a guide who was a specialist in Ethiopia, the guide was unable to come and the company sent an email saying we would now have an in country guide only. I said this was a change of product and was not what we purchased, nor what we wanted, and asked for a full refund. This was refused and the company said we should go on the tour and they would consider compensation when we returned if we felt our tour had been significantly affected by not having a specialist guide. They did eventually send another tour manager - one who had never been to Ethiopia before.

We do feel our tour was significantly affected as there was no specialist input and we paid a lot of money for this tour. It was severely compromised by not having a specialist historian as advertised in the brochure. The tour was merely sightseeing and no 'in depth discovery' as advertised.

We have asked the company for 50% compensation but have been told we can take it to the small claims court.

It seems to me that rather than doing this, I could make a claim under section 75 as the product I received was not the product I paid for and, according to the Citizens Advice web page, 'under package travel regulations your organiser has a responsibility to make sure that you get the holiday you paid for'.

I'm not sure how the credit card company will deal with a claim for 50%. Or should I make it 100%? Or something else?

Optimist

judy7007 wrote: »

Five days before I was to travel to Ethiopia on a tour with a guide who was a specialist in Ethiopia, the guide was unable to come and the company sent an email saying we would now have an in country guide only. I said this was a change of product and was not what we purchased, nor what we wanted, and asked for a full refund. This was refused and the company said we should go on the tour and they would consider compensation when we returned if we felt our tour had been significantly affected by not having a specialist guide. They did eventually send another tour manager - one who had never been to Ethiopia before.

We do feel our tour was significantly affected as there was no specialist input and we paid a lot of money for this tour. It was severely compromised by not having a specialist historian as advertised in the brochure. The tour was merely sightseeing and no 'in depth discovery' as advertised.

We have asked the company for 50% compensation but have been told we can take it to the small claims court.

It seems to me that rather than doing this, I could make a claim under section 75 as the product I received was not the product I paid for and, according to the Citizens Advice web page, 'under package travel regulations your organiser has a responsibility to make sure that you get the holiday you paid for'.

I'm not sure how the credit card company will deal with a claim for 50%. Or should I make it 100%? Or something else?

The credit card company is equally liable under Section 75 Consumer Credit Act so you can go through them if you so wish and indeed you may be entitled to 50% or even more

Holiday contracts are really quite unusual in that you can actually claim damages for non pecuniary loss whereas in most you can only claim for actual loss. (Jarvis -v- Swans Tours Ltd [1973] QB 233.)

Without knowing the details of the contract you signed it is difficult to comment further and a visit to a solicitor might be appropriate.

judy7007

We asked for 100% refund when advised that the tour was changed. This request was refused and we were virtually told to go. The company said the would discuss compensation if we were not satisfied. Now they are virtually saying that others were satisfied so we should be too.

It seems to me there was a breach of contract.

Changes to a booked holiday

Regulations 12 and 13 of the Package Travel Regulations are concerned with pre-departure cancellation or alteration by the organiser:
If there are alterations to your package holiday or to departure times or location, the travel organiser must notify the consumer as quickly as possible in order to enable him to take appropriate decisions and in particular to withdraw from the contract without penalty or to accept the alterations. The customer is then required to respond to the notification of the alteration.

You then have the option of withdrawing from the contract without penalty or accept a variation.

We will proceed with a Section 75 claim if the company continues to refuse compensation. I called Nationwide today to ask for a claim form (in advance preparation), but they will not do that. Their procedure is that I must give them all the details of the proposed claim over the phone as the paperwork is "tailor made'.

phil_b_5

hi, i hired a car from avis at munich airport, i was told to bring the car back with a full tank and there would be no charge, i took the car back with three quarters of the tank full and the guy who inspected the car at the airport said don`t worry you will just be charged the excess fuel. i received my credit card bill a month later and was debited £105.00 can i use section 75 against Avis for a refund ?

judy7007

I think it is necessary to contact the merchant first and claim if there is not a satisfactory outcome. I suppose being in Munich might possibly make it more difficult, but Avis is worldwide. If Avis doesn't respond, then I'd suggest claiming under section 75. But.....I am very new to all this! Wiser people here I'm sure!

I am still trying to find out though (have made a few email enquiries but no answers) whether or not if the merchant offers you a compromise and you accept that compromise, you can still claim the rest under section 75