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Section 75 refunds - article discussion

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  • judy7007
    judy7007 Posts: 29 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi phil b

    Have just read this (below) on the money expert forum page re section 75 so I am not correct about having to go the merchant first.


    Here you may be met by "that's not our business, go to the retailer". Actually you don't have to, it is their business and you've a legal right to redress. The law makes clear that the credit card company is jointly responsible, so there's no 'first point of call'.

    However, frankly, unless you need to (eg, the supplier/retailer is overseas) it's much easier to deal with the retailer.
  • Redmikee
    Redmikee Posts: 179 Forumite
    Hi All,
    Please could someone advise if this is something that would be covered under Section 75.
    Last year we hired a car in Austria which was prepaid on a debit card.
    When we collected the car we gave our credit card for a security deposit. When we got home we found that the credit card had been charged £319 for damage to the car which we didn't do.
    We have tried numerous times to get the money back from the car hire company but they are refusing to budge.
    Can anyone please advise on this?

    Mike
  • jevban
    jevban Posts: 199 Forumite
    Can anyone advise please..I am in dispute with a solar PV company who have breached their contract with me by installing on a roof that is north facing. I have withheld the final £500 payment...the company are not processing their insurances as protection for me because we are in dispute.. Could I pay the remaining amount on my amex and then can I make a claim under s75 for the breach of contract?
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    jevban wrote: »
    Can anyone advise please..I am in dispute with a solar PV company who have breached their contract with me by installing on a roof that is north facing. I have withheld the final £500 payment...the company are not processing their insurances as protection for me because we are in dispute.. Could I pay the remaining amount on my amex and then can I make a claim under s75 for the breach of contract?

    Such a claim would be rejected even if your amex card was a credit card as opposed to a charge card.
    "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,

    Quick question - can I reclaim costs incurred in fixing an item?

    I bought an Apple Mac Mini in San Diego in August 2013. The thing never worked correctly, rebooting and freezing. I contacted Apple and requested to return the item, but I was out of time and they refused.

    I therefore claimed through S75, but in the meantime I contacted Apple again and this time they finally agreed to repair the item. The problem was the approved repairers were 30 miles away and I had to make the journey twice. I also spent a couple of quid on the phone to Apple using their local rate telephone line and several hours getting it sorted.

    So as you can see, because the item was faulty, I had to spend money to get it fixed. Am I able to claim this back?

    Thanks,

    Craig
  • I'm wondering if I'm covered under section 75.. Here goes, it's an epic tale!!!
    We went on holiday in August this year and 2 days in our car broke down.. We were meant to be driving through France to Spain.. However due to car breakdown we never made it to our first Spanish destination.. The hotel charged our credit card for the full amount of the stay.. We have been fighting with the credit card company to get this money back £385, to no avail this charge took us over our limit(we were intending to pay cash on arrival) lots of emails and calls both to vanquish and the hotel in space have left us out of pocket ( the car cost a whopping £1000 to repair, and we were stuck in Toulouse for 7 days but that's another story) in a last ditch attempt to claim back this cash and subsequent charges do any of you think section 75 could cover us!!!
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    Ferns wrote: »
    I'm wondering if I'm covered under section 75.. Here goes, it's an epic tale!!!
    We went on holiday in August this year and 2 days in our car broke down.. We were meant to be driving through France to Spain.. However due to car breakdown we never made it to our first Spanish destination.. The hotel charged our credit card for the full amount of the stay.. We have been fighting with the credit card company to get this money back £385, to no avail this charge took us over our limit(we were intending to pay cash on arrival) lots of emails and calls both to vanquish and the hotel in space have left us out of pocket ( the car cost a whopping £1000 to repair, and we were stuck in Toulouse for 7 days but that's another story) in a last ditch attempt to claim back this cash and subsequent charges do any of you think section 75 could cover us!!!

    There does not seem to be any breach of contract, therefore in answer to your question, No section 75 would not cover you.

    I am at a loss to understand why you would think the card company would refund this expense. That is what insurance is for.
    "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)
  • Can I claim against a car hire company who cancelled my booking for a car after I had paid and now won't refund my money I paid on my mastercard
  • Optimist
    Optimist Posts: 4,557 Forumite
    Part of the Furniture
    ian07 wrote: »
    Can I claim against a car hire company who cancelled my booking for a car after I had paid and now won't refund my money I paid on my mastercard

    If your mastercard is a credit card and assuming the car company breached the contract then you should be able to claim against your card company under Section 75 of the Consumer Credit Act.

    If your mastercard is a debit card then you can try to see if the card company will do a chargeback
    "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)
  • I bought a car from a dealer and paid by cc, the car is faulty and was also mis sold as being a lower co2 and tax band. I am a sole trader taxi driver and bought the car for work. Does section 75 apply to my case ?
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