Section 75 refunds - article discussion

forrester49

If I reserve accommodation through a "sharing site" like Airbnb using my American Express card would I be covered if Airbnb who have taken the money at the point of the reservation went bust? They hold the money until the accommodation is used and then pay the host - so are they exempt from section 75?

kesbian

Hi, sorry if this has been asked before, but does section 75 cover goods and services? I paid for a large vets bill using my visa, but now may need extra surgery as the first operation didn't do what was expected/advised.
If possible I'd like to recoup some costs, and was pointed in the direction of a s75 claim.

Thanks in advance

Kes

judy7007

judy7007 wrote: »

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.

The adjudicator from the FOS has today told me that my 'issue' is with the supplier (the Travel Company) and not the bank. A small offer has been made but no more can be offered as it 'is not the fault of the bank'. I do agree that the supplier is the one at fault and the bank really didn't do anything 'wrong', but it does seem that Section 75 claims can be very limited if this is indeed the case.

shezzone

My fiance bought me my engagement ring for Christmas. After it was resized a diamond fell out. We took it back to the store and got a replacement ring. A few weeks later a diamond fell out of that ring. Again we took it back to the store but were only offered a repair this time. I have only had it back 2 weeks and have checked it every day (I could see and feel where the replacement diamond was as it was slightly larger than the rest and was sitting proud of the ring setting). I have noticed today that this diamond has dropped out now. My fiance would like a refund. What are his rights? It is not fit for the purpose but we are 6 months on from the original purchase. Can he claim a refund on the ring under section 75?

judy7007

I am hugely disillusioned by Section 75. All I have heard from the FOS adjudicator seems to be that it isn't the bank's fault, it is the merchant's fault.

meer53

judy7007 wrote: »

I am hugely disillusioned by Section 75. All I have heard from the FOS adjudicator seems to be that it isn't the bank's fault, it is the merchant's fault.

FOS are correct. The bank didn't supply any goods or services.

judy7007

meer53 wrote: »

FOS are correct. The bank didn't supply any goods or services.

I can't quite see the point of the Section 75 legislation. Seems to me you are not really protected at all for breach of contract by a merchant.

dweeby

Purchased a bed (delivered today), a new bed that the local retailer said was "in stock". We paid full price.

The mattresses they delivered (and possibly the bed frame) are the display ones from the store. So, shop soiled. This was not spoken of by the retailer.

Before I challenge the retailer, do I have a claim? Looks like it to me.

Thanks in advance.

Need_some_help_2

Hi

I'm wondering if you can offer some advice please.

August 2008 we took out a loan agreement with Barclays Partner Finance for a timeshare! However we have recently discovered this company was dissolved a few days prior to us signing the agreement, yet our paperwork with the timeshare company and Barclays all state the dissolved company name.

We are having endless battles (as are the other owners) with the timeshare company as they are not adhering to the terms and conditions of our contract.

We have pursued Barclays partner finance under section 75 of the consumer credit act but they are being quite difficult and not forthcoming with responding to our emails and telephone calls.

I suppose we really need to understand whether the loan agreement with Barclays is void due to the company not existing or whether they are still within the law to continue pursuing us for this debt?

I appreciate the timeshare company is going to prove a little more difficult to exit out of the agreement!

Thanks

garlicko

We have recently been on holiday and had booked to do a mini tour of Spain. We had booked a few hotels, some day trips and a few boat trips. However after only 4 days we had to return home due to the unexpected passing of my father in law. We tried to cancel the hotels and bookings we were unable to use but some refused to refund our money. Is this something I could claim for under section 75?