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Claiming under Section 75 - need advice

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I have a problem & am not sure which way to go next: I paid for a course of 8 acupuncture sessions on my credit card in May this year at Dr & Herbs in Derby. I have had 3 treatments + a free intro one but then went on my hols. When I called into the shop for my next treatment only to find the shop had shut down.

They owe me for 4 sessions (£120) but as it was a course of sessions maybe they owe the full amount?(£210).

There was a phone no. on the door, which I phoned. The nice lady on the other end gave me an address to write to so that she could refund me. she said the chinese dr at the shop's visa had run out so they had to shut. i wrote to the address, with a copy of my appointment card and a copy of my M & S Credit card statement (minus the importmant numbers on it of course) and waited ... Nothing. i then saw the section 75 act on here and sent of the letter to M & S. they phone me today and say without proof of the contract with Dr & Herbs they will not be liable and that I cannot get anything back from them. I need advice please? And has anyone else had the same problem with Dr & Herbs in Derby? :confused:

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  • moonrakerz
    moonrakerz Posts: 8,650 Forumite
    First Anniversary Combo Breaker First Post
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    MaggiePkr wrote: »
    they phone me today and say without proof of the contract with Dr & Herbs they will not be liable and that I cannot get anything back from them.

    This is Hogwash ! The card issuer has the proof that you had a Contract with this shop - they paid for it ! they are just trying to make you give up and go away.

    Write back and remind them that THEY are equally in breach of contract (Sect 75) as the failed business and that they are legally bound to refund your money (Contract Law).
    You may well have a case for the whole amount to be refunded as is is possible that the break in the course of treatments means that the whole course will need to be started again.
    The Law says that you should be put in the same position you would have been if the original contract had been fulfilled.
  • MaggiePkr
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    Thanks for that reassurance.

    I have searched the net and have noticed that Dr & Herbs are closing down shops all over the country and owing lots of people money.

    Anyone out there had any success in claiming from the Dr & Herbs itself or under sect 75?
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