Section 75 - Has it worked for you?

missk_ensington

Hi,

For fear of hijacking someone elses thread, Ive started my own as I would really like to hear from other people who have claimed under section 75 and for how many people it was successful for.

I have just claimed to Capital One as I paid £10,000 for stock for my new business and the company went bust before I received any of my goods.

I sent a claim form to them 3rd December, Recorded Delivery, was signed for on 5th December, I phoned today to see how long it'd be for a reply, they are saying they have not received it!! What if they just keep on saying they've lost it/not received it? I cant go to Ombudsman without a Final Response, but yet I have proof that they have been delivered!

I have heard that lenders will do anything to avoid paying out under section 75, and since this is for such a large sum, I expect them to be even more reluctant to pay out, yet I see no grounds for them getting out of it as I have contract, invoices, statements, proof of non delivery, proof theyve gone bust. What can they possibly use to squirm out of it? I have already pointed out to them in my covering letter that as a sole trader I am covered like any other individual, even though it is for business use, as I know that would be their first excuse.

How long did it take other people from initial claim to getting your money back? And what kind of excuses have lenders used to avoid paying out?

Thanks,
Nikki

dazza.mk

I had to claim several years ago for a deposit against a furniture retailer. Had no issue.

My father has recently claimed in relation to the infamous "Lapland New Forest" apart from Barclaycard's infamous customer service wanting everything but the kitchen cink this has been resolved.

Personally I would send a second letter, include details of the recorded delivery and specifying that as you have proof of delivery you are expecting them to reply within the timescales specified within their complaints procedure (taken from 5th Dec)

JOHNSTON24

I sent a letter off to my credit card company for a refund for flights booked direct through XL.com and quoted section 75. My flights were leaving on 14th June 2009 returning on 21st June 2009. I received the following letter from MBNA regarding my flights.

Thank you for your recent correspondence in respect of your dispute with the merchant XL.Com.

Please note that section 75 of the Consumer Credit Act 1974 does not provide an automatic entitlement to a refund where a customer has paid for goods or services using a credit card. A claim is only possible where either the supplier has breached the contract with the buyer or where the contract was induced by misrepresentation.

We review each case on its individual merits and determine our response based upon the documentation and evidence submitted to us. In this case we believe, as yet, no breach of contract has occurred as the service date has not elapsed and the merchant are only in administration at this point. Please contact us after 14 June 2009 to allow us to consider your claim.

At this time, we would suggest that you continue to discuss the merits of your claim with your legal advisor in view of our comments on this matter.

exel1966

missk_ensington wrote: »

I sent a claim form to them 3rd December, Recorded Delivery, was signed for on 5th December, I phoned today to see how long it'd be for a reply, they are saying they have not received it!! What if they just keep on saying they've lost it/not received it? I cant go to Ombudsman without a Final Response, but yet I have proof that they have been delivered!

I have heard that lenders will do anything to avoid paying out under section 75, and since this is for such a large sum, I expect them to be even more reluctant to pay out, yet I see no grounds for them getting out of it as I have contract, invoices, statements, proof of non delivery, proof theyve gone bust. What can they possibly use to squirm out of it? I have already pointed out to them in my covering letter that as a sole trader I am covered like any other individual, even though it is for business use, as I know that would be their first excuse.

How long did it take other people from initial claim to getting your money back? And what kind of excuses have lenders used to avoid paying out?

Thanks,
Nikki

Recorded delivery letters sent to large business addresses are NOT signed for regardless of what Royal mail tracking may say. It would be physically impossible for them to be signed due to the large volume. It may well have been delivered though. I have that in writng from Royal mail themselves.

Card companies DO NOT 'do anything to avoid paying out', though they have to make extremely thorough checks which can take a few months sometimes and can be frustrating. They are thoroughly regulated, so If you have a genuine claim, they will have to pay out. I've claimed £1500 with Mint under section 75 without problem.

Why wonder about what if's ? Register, the complaint over the phone with the disputes dept, note times, names + any other info, then immediately follow up with another letter. It could just be that your lfirst letter has gone astray.

petcorner

Why is it some people (particularly on the money forum) feel the need for 1,2, or even 3 Aliases to post under and then continually thank themselves ? Are you really that insecure

Sorry to butt in, but do people really do that?!!
(promise to keep quiet now) x

ldn-100

exel1966 wrote: »

Register, the complaint over the phone with the disputes dept, note times, names + any other info, then immediately follow up with another letter. It could just be that your lfirst letter has gone astray.

This is definitely the way to do it; call them first. Some card issuers will then send out a letter straight away explaining what evidence you need to send. Others will tell you what to send when you call on the phone. I've made several successful claims and always start with a phone call.

missk_ensington

How can you say that card companies dont avoid paying out, when the chap above has been told to re-apply in June 2009 - when clearly the service is never going to be delivered? Okay perhaps I should re-phrase, they use every loophole and legal get out clause in their grasp so that they can refuse a claim.

I cant afford to let this drag on for months and months, I have no income until I get the momey back to buy new stock, and a £10,000 loan to repay (I paid on credit card and repaid the card with my loan) as well as a car, mortgage, 5 year old.... I have some tax credits etc but it isnt enough to cover everything, as I was expecting to be trading before Christmas (my stock was supposed to arrive 21 November in time for Christmas)

Im also paying out for business premises that are completely surplus to requirement as I have no stock and therefore no business, but thinking my stock was coming in November and worried Id have nowhere to store it, ltook out a 2 year lease for a portacabin. Its not massively expensive, but at £500 a quarter (next payment due 31 Jan) and barely any money coming in, it just adds to the burden.

If Im still arguing this out with the card company come April/May, I'll possibly be bankrupt!

Ombudsman says they seek to put you back in the financial position you were in before the transaction occurred, if they uphold your claim, so if youre bankrupt by then, and had your house repossessed, then they say, yes claim is upheld, what they gonna do, buy your house back? Im probably not going to go bankrupt, so playing devils advocate a little here, but interested to know all the same!

All posts thanked x

missk_ensington

petcorner wrote: »

Why is it some people (particularly on the money forum) feel the need for 1,2, or even 3 Aliases to post under and then continually thank themselves ? Are you really that insecure

Sorry to butt in, but do people really do that?!!
(promise to keep quiet now) x

What you on about, all the thanked posts on here are me thanking people for their help?

exel1966

Petcorner was responding to my signature......there is one person on this forum who seems to have an identity crisis.

exel1966

missk_ensington wrote: »

How can you say that card companies dont avoid paying out, when the chap above has been told to re-apply in June 2009 - when clearly the service is never going to be delivered? Okay perhaps I should re-phrase, they use every loophole and legal get out clause in their grasp so that they can refuse a claim.

I cant afford to let this drag on for months and months, I have no income until I get the momey back to buy new stock, and a £10,000 loan to repay (I paid on credit card and repaid the card with my loan) as well as a car, mortgage, 5 year old.... I have some tax credits etc but it isnt enough to cover everything, as I was expecting to be trading before Christmas (my stock was supposed to arrive 21 November in time for Christmas)

Im also paying out for business premises that are completely surplus to requirement as I have no stock and therefore no business, but thinking my stock was coming in November and worried Id have nowhere to store it, ltook out a 2 year lease for a portacabin. Its not massively expensive, but at £500 a quarter (next payment due 31 Jan) and barely any money coming in, it just adds to the burden.

If Im still arguing this out with the card company come April/May, I'll possibly be bankrupt!

Ombudsman says they seek to put you back in the financial position you were in before the transaction occurred, if they uphold your claim, so if youre bankrupt by then, and had your house repossessed, then they say, yes claim is upheld, what they gonna do, buy your house back? Im probably not going to go bankrupt, so playing devils advocate a little here, but interested to know all the same!

All posts thanked x

Th chap above had a contract to be supplied goods or sevices on the 19th June 2009. As we are not at that point yet the contract hasn't 'technically' been broken. However the more cynical may just see this a stalling for time from the card company due to an overwhelming number of requests in this particular case.

missk_ensington

exel1966 wrote: »

Petcorner was responding to my signature......there is one person on this forum who seems to have an identity crisis.

Well Im totally confused - but can assure you I only have one identity!