Can I use Section 75 to claim my money back?

Misty_Blue

To cut a (very!) long story short, I bought something to be sent to my parents who live abroad. Before making the order, I checked with the company that they would be able to deliver to where my parents live, and they said it would be fine.

A couple of weeks went by and we called to ask where the package was. The courier told us they did not have a contact phone number and so had sent the package back to the U.K. They DID have a phone number, but it was mine for the U.K. Nevertheless, they made no attempt to make the delivery even once.

The company now have the goods back, and say they will ship them anywhere in the U.K for me but will not send them abroad, even if I pay the shipping charge again. If I were to ship the goods myself, it would cost me at least £150, which is more than the damn thing is worth! Therefore, I (well, my parents) are currently £125 out of pocket and no goods. Can I use Section 75 of the CCA to claim the money back for non-delivery?

jonesMUFCforever

If the goods are back with the company why won't they refund you?

Misty_Blue

The company will either refund me the cost of the item less shipping (I object to paying for a service that was not delivered), or will deliver in the U.K, which is not what I want, nor is it what they originally agreed to. I figure it's less hassle to ask Capital One for a refund and let them try and reclaim from the company if they want to.

MaggiePkr

If you have as much trouble as me in getting a refund under section 75 from your credit card, I would grab the refund offer from the company.

Misty_Blue

MaggiePkr wrote: »

If you have as much trouble as me in getting a refund under section 75 from your credit card, I would grab the refund offer from the company.

Oh dear, that doesn't sound good! Which card did you reclaim from?

If it were a case of a few pounds P+P, I would just take the refund for the sake of less hassle. But we're talking about £30 which I paid for international delivery - a service which has not been delivered and which the company now say they will not deliver. It's not a vast amount, I know, but it's the principle.

MaggiePkr

Yes I understand its the principle - I'm totally with you. Some companies have no idea what customer service is.
I have a problem with my M & S &More Mastercard (Credit). I have paid for a course of acupuncture for £210 but the shop closed, owing me £120 worth of acupnunture treatment. They are insisting I get a copy of the agreement for this course of treatment, the appointment card plus the bank statement is not good enough apparently and they are not going to be said to be jointly in breach of contract unless they see the contract! The paperwork is - you can imagine- with Dr & Herbs acupuncture shop, now closed down in Derby.

So I hope you have more success than me - I'm going to have to write off £120 and can ill-afford to do that. What is the alternative? I understand they have shops closing all over the country so that's me up the creek without the proverbial paddle

Good luck to you - i hope you get it sorted out quickly.

jonesMUFCforever

MaggiePkr wrote: »

Yes I understand its the principle - I'm totally with you. Some companies have no idea what customer service is.
I have a problem with my M & S &More Mastercard (Credit). I have paid for a course of acupuncture for £210 but the shop closed, owing me £120 worth of acupnunture treatment. They are insisting I get a copy of the agreement for this course of treatment, the appointment card plus the bank statement is not good enough apparently and they are not going to be said to be jointly in breach of contract unless they see the contract! The paperwork is - you can imagine- with Dr & Herbs acupuncture shop, now closed down in Derby.

So I hope you have more success than me - I'm going to have to write off £120 and can ill-afford to do that. What is the alternative? I understand they have shops closing all over the country so that's me up the creek without the proverbial paddle

Good luck to you - i hope you get it sorted out quickly.

Take your case to the financial ombudsman - it will cost them more to defend that than refund you!

missk_ensington

Just because the card company refuses section 75 doesnt mean thats it, if you think you're legally right then take it to the Ombudsman. If they think the card company is being deliberately and unreasonably awkward to avoid paying out, you have a good chance your claim will be upheld.

I have a pending section 75 claim with capital one - for £10,000 for a load of stock for my business that never got delivered then the supplier went bust, and I cant continue my business til I have my money back so I'm really hoping they dont send me on a long, drawn out wild goose chase as I really need that money to pay for stock and resume trading - cant earn anything to live on until I have that money back. Have some savings and tax credits, but I cant manage for longer than a few months, so just praying capital one dont find some sort of get out clause!

I dont see how they can though, paid on credit card, companys gone bust, have all the documentation and invoices... what can they possibly say to get out of it?

~Brock~

missk_ensington wrote: »

I dont see how they can though, paid on credit card, companys gone bust, have all the documentation and invoices... what can they possibly say to get out of it?

I know this is getting a bit off topic from the OP's perspective, but I would have thought that your £10k purchase for business stock would not come under s75 rules as it would be classed as a business transaction and not therefore classed as 'consumer' credit.

I'm probably completely wrong - hopefully I am !!!

moonrakerz

If the "contract" that you had with this company was to supply and deliver the item - then they are clearly in breach of that contract. Sect 75 will apply.

If the card company won't play ball, threaten with this:-
https://www.moneyclaim.gov.uk/csmco2/index.jsp

if they don't pay up then, raise a summons. It's easy; done it three times, each time they have paid up before it got to Court.

missk_ensington

Im a sole trader, so I am covered like anyone else would be - although if I was an incorporated company then I wouldnt be - thankfully Im not!