Section 75 refunds - article discussion

odintheterrible

After purchasing a hot tub 4 months ago, it has been in a state of almost permanent dysfunction for one reason or another.

Anyway after many failed repairs we finally got Santander to accept a section 75 claim (purchase price + incurred expenses) as the company just want to go on and on attempting to repair the thing but never succeeding.

Santander has written to the company giving them 14 days to refund the purchase price otherwise they have pledged to complete the Section 75 claim.

However, ... and here's the rub, the supply company have now contacted us and threatened to take us to court to claim the reversed payment back if Santander reverse the payment; and the info we have been given from the Consumer Help Line at Citizen's Advice seems to confirm that as we are the first point of contact for the transaction, we would remain liable for court proceedings.

As far as I'm aware, if Santander reverse the payment, the hot tub then becomes their property and they can instruct us to dispose of the hot tub as they see fit ... yet we appear to be vulnerable to a counter claim from the supply company for the purchase price ...

Can anyone offer a definitive explanation as to our legal liability in respect of supply company's intention to sue us for the original purchase price after the Section 75 reversal ????

We are now totally confused after receiving this latest bombshell from Citizen's Advice !

Many thanks

Optimist

odintheterrible wrote: »

After purchasing a hot tub 4 months ago, it has been in a state of almost permanent dysfunction for one reason or another.

Anyway after many failed repairs we finally got Santander to accept a section 75 claim (purchase price + incurred expenses) as the company just want to go on and on attempting to repair the thing but never succeeding.

Santander has written to the company giving them 14 days to refund the purchase price otherwise they have pledged to complete the Section 75 claim.

However, ... and here's the rub, the supply company have now contacted us and threatened to take us to court to claim the reversed payment back if Santander reverse the payment; and the info we have been given from the Consumer Help Line at Citizen's Advice seems to confirm that as we are the first point of contact for the transaction, we would remain liable for court proceedings.

As far as I'm aware, if Santander reverse the payment, the hot tub then becomes their property and they can instruct us to dispose of the hot tub as they see fit ... yet we appear to be vulnerable to a counter claim from the supply company for the purchase price ...

Can anyone offer a definitive explanation as to our legal liability in respect of supply company's intention to sue us for the original purchase price after the Section 75 reversal ????

We are now totally confused after receiving this latest bombshell from Citizen's Advice !

Many thanks

With a username like that why worry ?

You are making a Section 75 claim under the Consumer Credit Act because of a breach of contract in this case the breach, I am presuming as I am not a party to the correspondence between you, would be under the Sale of Goods act as the goods were not of satisfactory quality.

Section 75 makes the card company equally liable with the original supplier they are not buying the goods from you. The goods will belong to the supplier how the card company and the supplier wish to play it is between them.

Whilst the supplier could in theory sue you, you can actually sue anybody, they would really have no realistic chance of winning.

Seems to be a bit of a empty threat really.

However I would ensure that Santandar are actually treating this as a Section 75 claim as per the Consumer Credit Act not a chargeback which is what you seem to be implying.

whitson71

Hi all

I'm getting married in June 2014 in Portugal.

I've already paid the first part of the deposit for the venues and photographer etc. I had used my debit card as have a 0% foreign transaction fee on it (N&P).

The next part of the deposits are now due and I've been reading about section 75 regarding credit card payments. I was thinking about putting a small amount on my credit card for each deposit so I was covered under section 75. I'm assuming that would then cover me for the full amount on each (all the services are over £100)?

I just need to know what's the minimum I can pay on my credit card to be covered? Would £10 on each be adequate or do I need to pay over £100? The rest of the payment would just be made on my debit card again.

Thanks

derrick

whitson71 wrote: »

Hi all

I'm getting married in June 2014 in Portugal.

I've already paid the first part of the deposit for the venues and photographer etc. I had used my debit card as have a 0% foreign transaction fee on it (N&P).

The next part of the deposits are now due and I've been reading about section 75 regarding credit card payments. I was thinking about putting a small amount on my credit card for each deposit so I was covered under section 75. I'm assuming that would then cover me for the full amount on each (all the services are over £100)?

I just need to know what's the minimum I can pay on my credit card to be covered? Would £10 on each be adequate or do I need to pay over £100? The rest of the payment would just be made on my debit card again.

Thanks

Any amount, even 1p.

.

meer53

whitson71 wrote: »

Hi all

I'm getting married in June 2014 in Portugal.

I've already paid the first part of the deposit for the venues and photographer etc. I had used my debit card as have a 0% foreign transaction fee on it (N&P).

The next part of the deposits are now due and I've been reading about section 75 regarding credit card payments. I was thinking about putting a small amount on my credit card for each deposit so I was covered under section 75. I'm assuming that would then cover me for the full amount on each (all the services are over £100)?

I just need to know what's the minimum I can pay on my credit card to be covered? Would £10 on each be adequate or do I need to pay over £100? The rest of the payment would just be made on my debit card again.

Thanks

You can pay any amount by credit card to be covered by section 75. Will these people accept payment by CC ? Why not pay the full amount by CC and then just pay it off ?

I'm assuming you wouldn't be daft enough to offer to pay 1p.

whitson71

meer53 wrote: »

You can pay any amount by credit card to be covered by section 75. Will these people accept payment by CC ? Why not pay the full amount by CC and then just pay it off ?

I'm assuming you wouldn't be daft enough to offer to pay 1p.

Thanks for the reply.

Yeah, they're fine with the CC payment. The reason I didn't pay it all with the CC is that there is a foreign transaction fee, CC fee and poorer exchange rate on my Mastercard whereas the N&P debit card has no foreign transaction fee and the exchange rate is the Visa exchange rate which tends to be the best.

gotneed

Hi,
Looking for a bit of guidance, brief history
- Bought items online from USA in August, which never arrived
- Informed company about non-delivery and they gave me a tracking number but this only shows posted on 29th August and 'in transit'
- Raised issue with courier but no reply
- Raised with CC company stating section 75, sent letter using template on MSE
- They asked for documentation, emails etc, which I sent

Now get letter today stating 'that I need to prove breach of contract by the supplier, in a debtor-creditor-supplier agreement'

They ask for:
- Copy of latest response from merchant
- Confirmation of the expected delivery date

I have already sent all information I have which shows the delivery information and latest responses.

Is this a delay tactic? how can I push this along?
Thanks for reading

odintheterrible

Optimist wrote: »

With a username like that why worry ?

You are making a Section 75 claim under the Consumer Credit Act because of a breach of contract in this case the breach, I am presuming as I am not a party to the correspondence between you, would be under the Sale of Goods act as the goods were not of satisfactory quality. <snip>

<snip>However I would ensure that Santandar are actually treating this as a Section 75 claim as per the Consumer Credit Act not a chargeback which is what you seem to be implying.

Hi,
Thank for the response. Yes, indeed, the defects with the tub are basically covered by the Sale of Goods Act as I'm given the understand but the supplier has basically buried their heads in the sand and as far as my last contact with the Chief Exec's office at Santander goes, they have passed the matter to their Section 75 dept for their action.
I was just not clear on the situation regarding ownership of the tub after the Section 75 claim had been resolved. If ownership reverts back to the supplier then I'm not sure if they are going to be inclined to actually remove the tub ... which then poses all sorts of interesting/difficult options/possibilities in respect of getting the thing off our property !?!?! LOL

Dave667

Hi
I purchased a diamond ring from a store and paid for part of it with my credit card. The store provided me with a document entitled "valuation" which showed all the key details of the centre diamond (eg. Cut, clarity, colour and carat). I obtained an independent valuation of the ring (required for insurance purposes) which clearly showed the diamond to be of a much lower quality than what was stated by the merchant's document. The colour and clarity of the stone stated in the independent valuation were several grades lower than what was stated by the merchant. In addition it also showed the ring to have a value significantly less than what I paid for it. We wrote a letter to the store regarding this and in their reply they stated that they "refuted” the independent valuation and were not willing to offer a refund.
Having read about Section 75 on this website I called my credit card company who were initially sympathetic and asked me to provide them with all the relevant documentation. After a few months I received a letter from them saying the case had been closed and referred me to a letter from the merchant. The letter stated they always offer credit to unsatisfied customers which can be used to exchange for other items in the store. An exchange credit would be unacceptable to me as the merchant is clearly not reputable and cannot be trusted.
I called my credit card company again and it was explained to me that there is no reason for them to assist me further as the merchant has offered this exchange credit.
Are they correct in this respect?

TheMand

In 2005 we put a deposit down on a plasma tv with a company called 'Tiny' at a shop in Telford. The company went into administration soon after and we never got our tv or our £100 deposit back. We just wrote it off at the time. Now I am wondering if I would still be able to claim for this under section 75, any advice?