Section 75 refunds - article discussion

mae

I think you will have to get an independent report that agrees with your findings of the mattress before the section 75 will proceed with your claim.

redmelons

I booked a Spanish hotel in December through lastcheck.com using my Visa card. The company is now in receivership and I had to pay again when I arrived at the hotel, again using my Visa card.

I rang my bank today and told them that I wanted to make a claim under section 75. They said that receivership wasn't covered under section 75, but they would try to get my money back from the receivers.

The 'Section 75' article does say that you are covered if a company goes but. Who's right please?

judy7007

Optimist wrote: »

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.

The brochure formed part of the contract (this was stated by the company) and part of what was advertised in the brochure was a specialist guide. He was not able to come 5 days before the tour and our request for a refund was refused. The tour was very unsatisfactory without this specialist input. The company refused our request for compensation, saying the specialist guide's illness was
covered under Act of God (Force Majeure). I argued that a guide being ill is foreseeable and an alternative should have been available.

The credit card company has also refused my claim under Section 75, merely repeating all that the travel company has already told me.

I am going to take it to the Financial Ombudsman as if my claim is not upheld, it certainly has implications for people who book an expensive study tour and have no guarantee at all that they will receive anything like what they have paid for if the leader becomes ill before departure and there is no opportunity for refund or any compensation.

PocketGuy

Hi Folks
Spent a bit of time looking for threads to help conclusively with this - came up blank (maybe I'm just a naff researcher!)

I'd appreciate it if anyone could indicate whether they have successfully challenged a CC company and obtained a refund (full payment and/or interest only) for a transaction routed through PayPal. (My drama is with a set of Paypal/Barclaycard transactions)

Reading Martin's comment about the OFT's case in 2006 and this blog post: (can't post the link directly yet) - see: conradmeehan[dot]wordpress[dot]com/2013/05/22/emoney-and-s-75-am-i-covered/ (this is not spam!)

It seems that the Financial Ombudsman does indeed have an "erroneous position", as Conrad puts it. Also, the case itself concludes:

"6. Summary

For these reasons we have reached the conclusion that connected lender liability under section 75 of the Act attaches to all transactions entered into using credit cards issued under consumer credit agreements regulated by the Consumer Credit Act 1974, whether they take place within a three- or four-party structure and whether they are entered into in the United Kingdom or elsewhere. We therefore allow the appeal and dismiss the cross-appeal"

My task is to identify whether this is maybe a worthwhile fight and how I go about it.

All feedback welcomed.
Thanks in advance

solarstat

I bought an HP laptop notebook which developed problems whilst under warranty - Hp took it back and repaired it - it was returned but problems occured agin within 2 months - HP took it back again and repaired it - it has now developed 2 more problems within the the following 11 months but they refuse to acknowledge it - the retailer says they will repair for £150 but I said it should not cost me - so I then went to Nationwide c/c and sent them all the relevant information making a claim under Section 75 - eventually I have received a letter stating that they will not refund due to the fact that the credit card and nationwide account are in my name and the laptop purchase invoice was in my company name - the company is owned by me - I explained this in all documents they were sent - do I have any redress to claim under section 75 - any help or more info would be extremely useful - thank you

meer53

Section 75 isn't applicable to goods bought for business use. Using a personal credit card for business use may be against the T & C's of your card, check your documents.

Zuppa_Inglese

Hi, Re the stipulations for a s.75 refund...

As s.75 does not cover delivery, fees & charges what exactly is the stance on airline tickets? Obviously we have all blinked in disbelief at the actual summary of charges when booking a ticket.. for example my last flight to Dubai
Airfare GBP: 163.00
Carrier imposed charges: GBP 170.00
Taxes & fees: GBP 96.19
Total:GBP 429.19

(obviously in my example the actual airfare is above the £100 mark )

Do some of the card issuers actually split hairs & make the distinction between the actual airfare & the fees & charges exemption therefore taking the value of some flights to below the £100 mark thus making any refund null?

Wonkey80

Hello, some advice needed on cc refund please.
I paid the deposit for my wedding dress l on CC last year. The cost of the dress was over £100 & definitely less than £30000 (!). The company itself make bespoke dresses for each bride. So I tried on a sample & was informed my dress would be made later after a fitting in about June of this year. So as yet no goods have been made.
In between paying the deposit and now, I have experienced really really poor customer service & have now lost all confidence in the business & their ability to deliver my dress on time and without further stress.
Do I have any redress with a section 75 claim or is it fair to state that the retailer should return my deposit in full as they are at no loss as no item has actually been made, and I'm assuming no fabric purchased or cut (as I haven't properly been measured yet!!)
Thank you

solarstat

meer53 wrote: »

Section 75 isn't applicable to goods bought for business use. Using a personal credit card for business use may be against the T & C's of your card, check your documents.

Thank you - I have checked my T & C's and nothing is mentioned so will carry it further:rotfl:

Worried1976

Hi people. I've read through martins guide re section 75 claims but am feeling a bit thick today so please can someone offer advice? I ordered a sofa from Paul Simon who have now gone into administration. Goods were not delivered and the administrators have said that nothing is being paid/delivered etc whilst they assess the state of the company's finances. I paid the deposit of £130 on a credit card and the remaining £440 was going on interest free credit. I've contacted the credit company and asked them to cancel the agreement but they too are looking into the whole situation and told me they cannot cancel my agreement with them. Do I have to wait for the administrators and the separate credit agency to do their thing or can I claim s75 money now? Do I claim for the whole amount, bearing in mind the goods were never delivered and my understanding is the credit agreement does not 'start until after delivery so I'm currently only £130 out of pocket. Any advice gratefully received! Thanks