Section 75 refunds - article discussion

mazzer13

Hi, I booked to go to L'enclume with my friend but ended up in hospital having my appendix out on the day we due. We called them and they said it was their policy to charge and within 20 minutes had taken £320 from my card! Talk about lack of compassion! I booked with my visa debit card and wondered if I could claim via my bank using section 75 refunds? Not sure if there is a date limit but it was about a year ago?

Thanks for your help x

Optimist

mazzer13 wrote: »

Hi, I booked to go to L'enclume with my friend but ended up in hospital having my appendix out on the day we due. We called them and they said it was their policy to charge and within 20 minutes had taken £320 from my card! Talk about lack of compassion! I booked with my visa debit card and wondered if I could claim via my bank using section 75 refunds? Not sure if there is a date limit but it was about a year ago?

Thanks for your help x

No

1 Debit cards are not covered under S75

2 Even if you had paid with a credit card the company have not breached the contract unless their terms stated that you got a refund if you cannot make it.

sazi-666

Hi, I brought a TV off a website last year and the tv never arrived. This cost us £900! They stated that the quickest and easiest way to pay was via bank transfer so this is what we did to speed up the process and try and get a new TV in time for xmas! Since then, we have found out the company is fraudulent and we have reported this to the Police. However, our bank does not want to know and the Police say this is an ongoing large investigation and it is unlikely that we will get our money back!

My question is- is there any way we can try and claim our money back as this is a large amount to lose? We do not own a credit card and obviously have been quite nieve in thinking all websites are trustworthy. I feel so upset! Any help would be appreciated?

SellyOakBlade

I bought a sofa and two reclining chairs from Yes Sofa Specialists in Oct 2011' delivered in Dec 2011. The goods came with a 5 year guarantee. I paid in full, in store, on my personal credit card.

Recently the reclining mechanism in both chairs has broken. Tried contacting the retailer, but had no luck at all, I believe they may have gone out of business.

So I raised a section 75 claim with my Credit Card provider. Today I received a letter stating that because the receipt is showing that I actually paid Leather World, Section 75 doesn't apply.

So onto the phone I went, and after 10 mins on hold the bank claimed they were about to put me through to the correct department, at which point the poor gentleman that I was foisted upon explained that they had actually put me through to the Citizens advice Consumer Support line. Suffice to say I ain't happy with the bank for that!!

Firstly he suggested that I phone Companies House to establish if the company was a limited company. Did this, and there was no record of the company.

He also suggested that I contact the Insolvency Service to establish if the company/partnership/sole trader is still operating. If they are then I can clearly contact them about a claim under my guarantee. If they aren't then I should go back to the bank and restate my case, and if they disagree still, to take it to the ombudsman.

I shall be contacting the IS on Monday and hopefully then the bank again...

I don't personally agree that simply because the receipt has a different name to the invoice I lose all my rights under Section 75, especially as I and my wife were stood in the store. Neither did the man on the phone, and I am hopeful that I may at some point get this resolved to my satisfaction.

Any advice.

Jones67

I bought a HP laptop and it's hardrive? crashed after year and a half. Company gone into receivership. So I wrote to HP executive director quoting sale of goods act... Goods fit for purpose and goods last a reasonable length of time and held my breath... His PA contacted me. It was collected and repaired and sent back. All I had to do was go back to shop and get word put back on it x
It's always good to have options hon.

Tea_biscuits

I purchased a shed approx 6 weeks back and paid over the telephone with my Vanquis Visa credit card. (£550) The shed is due for delivey 27th May, I've spent the weekend digging out the area and putting down a concrete base ahead of the sheds arrival.

Today I have received a letter in the post to tell me the company have ceased trading for the interim period due to ill health and unfortunately any orders wont be delivered/fullfilled. Their intention is to commence trading once the health and family issues have been rectified they hope to begin trading after 3 months.

I would like my money back so I can purchase a shed from some where else now. Their phone line is constantly engaged and the mobile number is dead.

Should I contact Vanquis?

Thank you.

Kris35

A while ago, I contacted Barclaycard and filled in their Section 75 form and also send a load of emails via myself and the website company who I paid to make my website. I cant use it and went elsewhere in the end. This cost me £3K. Barclaycard have written to me this morning saying they appreciate the nature of my problem and empathise with my situation.

Then they say in order to go ahead I need to prove breach of contract or misrepresentation by the supplier.

They say that on this occasion for BC to be in a position to make an informed evaluation of my claim they need two things:

Copy of proof of the payment through other mode (which I have, not that I think they need this because they have proof of around £2K I spent on my BC and I know I can claim even if I had just paid a deposit).

And a copy of the merchants latest response. Well, I had already sent that. Actually I sent them around 50 pages of communications between myself and the supplier.

The thing is - the supplier said they would fix the mistakes and never got back to me. Their delaying tactics are well known but I'm wondering if thats enough to prove breach of contract. I gave up in the end, because their work was so shoddy BUT I didn't badger them to complete the job. Last email I got from them was them telling me they would complete the mistakes and they never got back to me and at that point I gave up because I had had enough of them.

Anyone know if this is enough?

gookin

There is a kickstarter project that I am wanting to take part in but the pledge is likely to be around $500 USD.

Does anyone have experience of whether or not this sort of thing is covered by section 75?

Thanks

Starrr

Hello,

It would be great if I could get some advice on how to proceed further with my claim and what I should do next. I was bought some sunglasses as a birthday gift from my dad on a trip to London from Selfridges. When I got home I had worn them only a couple of times, as i was cleaning them I noticed 5 little dot-like pit marks on one of the lenses. Due to them being a lot of money for a pair of sunglasses I was absolutely gutted. I contacted selfridges straight away and asked what they could do for me. After countless attempts of trying to speak to a manager I eventually was given a phone call back, he ultimately said after making me search on my computer for one of their outlets in a nearby location, that the only thing they could suggest was for me to travel down back to Selfridges in London or to Birmingham (which would cost me a fortune in petrol from York!)
Or that I could send them via post, of which the manager and I quote

"will take weeks to get your money back or an exchange"

Inevitably my dad sort to go through the credit card company to try and resolve the situation...and they haven't been much better. First of they tried saying how it wasn't their responsibility and that I should have tried with Selfridges first...then they listened and said all I needed to send them was a report from a retailer of the sunglasses describing what was wrong with them. After doing exactly what they said, they said the report was too ambiguous that I had to yet again get another report from the sunglasses retailer as they exclaimed that I could have caused the scratches. I then got a second opinions from the retailer near by me which said how it was a manufacturing defect and forwarded this onto the credit card company.

Today my dad received yet another letter from the credit card company saying that, now I need to send off my sunglasses back to Selfridges along with the report that I had from a different retailer. This I feel is completely unfair as this is what I was trying to avoid in the first place as Selfridges were so unhelpful and such bad customer service. Then surely this deems the report that I got useless...as the only reason I had this report was for the credit card company. Finally they are asking me to keep them up to date with any developments, but surely this should be the other way around.

I am sorry for waffling on for a good while, but I am at a loss of what to do, or who should be blame for the faulty goods...
If anybody could over some advice, I'd be truly thankful.

This has taken up so much of my time and money going backwards and forwards to the other retailer for the report, and now they want to make me pay for recorded delivery.

Thank you

Vishka_2

Hi everyone,


A few years ago I was cold called by EFWINES and following some brief investigating I decided to invest in some wine through them. I have been trying to contact them recently and have encountered a closed website and dead phone line. I can only assume that they have done a bunk with my money as I have no way of contacting them and have seen some concerning articles regarding them online. My question is this:- how do I find out if they have ceased trading? and will I qualify for a rule 75 refund as I payed on a credit card?