Section 75 credit card claim thrown out - HELP!!

ManicMum

Hello

I am really hoping there is someone who can give us some advice. My husband is doing up an accident-damaged car and asked a company to repair the dashboard and sew up a seat cover where an air bag had blown through it. To cut a long story short, he picked the goods up, paid for them and brought them home. When I saw them I went crazy as the repairs were abysmal. My husband is a mild-mannered person who does not like to cause a fuss whereas I would have blown a gasket there and then. He said the lighting was bad but I think it is 50% that he didn't want to deal with it at the time. the repairs cost over £200.

We contacted MBNA who said we could dispute under section 75. We duly sent them all the info requested. We then had a letter requesting photos, which we sent off annotated to show exactly what we weren't happy with. Then got a letter saying as they hadn't heard from us they would be re-applying the charge to our account, after having placed it in dispute status. We were bemused as had sent them what they asked for. My husband phoned them and the operator said she believed they wanted better photos sent in. This sounded not right as we'd sent pretty good ones already. My hubby phoned them again the next day and spoke to another person who asked us to send phone records showing the calls we'd made to the company after the incident (my husband had phoned them 2 or 3 times to say he wasn't happy until they told him to go away and that he wouldn't be getting his money back and slammed the phone down on him). We had got these ready to send when today my husband got a call from MBNA saying there was no claim as we had asked the company to do the repairs and they had done them. MBNA said to him they were just a bank and what did they expect them to be able to do about it (or words to that effect).

Well, to say we are flabbergasted is an understatement. What is the point of paying with a credit card if you get no protection? If there was no case to answer in the first place, why get us sending in photos and asking for phone records? The way they have handled this complaint is a disgrace in itself. The fact is though that we asked for a job to be done and it has not been done to our satisfaction. It looks as though a 5 year old did it. The dashboard was not even usable after the repair as could not even shut the glovebox lid. If a repair renders something unusable, surely that is a case in itself? Where do we go from here? I am so angry I can't tell you and just hope there is a really knowledgeable person on here who knows about these things.

Thank you in anticipation:mad:.

CLAPTON

Did you give the company the opportunity to rectify the problem?

stfc

Section 75 is about demonstrating breach of contract or mis representation, so it may be helpful if you've got some paperwork showing what they intended to do by way of the original repair job.

If not, you would need to show the work done wasn't fit for purpose, so an independent inspection quoting a reasonable cost of repair might be the next steps.

Keep pushing on both fronts.

ManicMum

Yes, my husband phoned them three times to say he wasn't happy. In the end they just said to him that he could take it down any road he liked as he wasn't going to get his money back. He did ask them if there was anything else they could do to rectify the problem. One guy said they could do a re-repair. My husband couldn't get up there until the weekend so the next day he rang back to confirm that it would be ok to bring it back up to get repaired. However, the next guy he spoke to said to my husband they wouldn't be doing any other repairs and that he wouldn't get a refund, then put the phone down on him. He phoned again and was told the same thing.

Surely we have a case? Thanks

stfc

Yeah sounds promising.

Get that independent specialist report/quote for repair and present to MBNA along with those photographs.

If you don't get anywhere you could go to the Financial Ombudsman Service, but it shouldn't get to that if all is as you've said.

never-in-doubt

If MBNA do not accept liability then you should report them to the FOS who will be able to take action on your behalf and mediate. However, they are backlogged at the present time so it may take a while. If anything, leave the balance outstanding and then at least you can get all interest charges etc refunded - all you do is make min payment until it is resolved then demand a full refund.

They have a duty to protect you, they cannot simply 'throw it out'. If you say that you paid for a service that was not delivered to the agreed standards then the company is in breach and your CC provider should refund you and rebill the company in question.

You could, on the other hand, issue small claims against the garage?

MSE article here: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Interesting article here: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

ILW

I know everbody on here likes to blame the banks and credit card companies for everything from the weather to who wins X factor, but I would have thought this dashboard problem would be a trading standards issue about quality of workmanship. Has anybody called them yet.

never-in-doubt

ILW wrote: »

I know everbody on here likes to blame the banks and credit card companies for everything from the weather to who wins X factor, but I would have thought this dashboard problem would be a trading standards issue about quality of workmanship. Has anybody called them yet.

You're right about TS but as ManicMum paid with credit card, they are also due a chargeback as the work was not completed as per agreed at the point of sale. The bank wouldn't foot the bill mate, they charge it back to the 'host' business....

gnaril

Im sorry but dont see how the banks reponse would be " we are onyl a bank what are we suppose to do" you.

sounds a well off to be honest. I work in a disputes department for a bank. Your documentation you have stated will not support a chargeback. photos mean = nothing at all.

You need independant report as previously stated to confirm the work carried out is not to required standard..

send the bank copies of all your docuemantation with covering letter- also detailing your contact with the merchant and the report. Should be able to chargeback the transaction as Not as Described.

You can dispute under section 75...... They dont really seem to have a clue what they are on about. Section 75 is a last resort for any bank. Where a chargeback is available the bank can pursue this in full, Section 75 is a loss to the bank.

As long as you have clear documenation you shouldnt really have an issue.

If its Mastercard aswell = means its easier in general. Visa is a pain in the !!!.

All the best

stfc

Post above spot on.

No chargeback, which is why you've been knocked back, but push again quoting S75.

Other posts refer to agreed standard which is where it gets complicated because I suspect there's no official agreement.

Only area of disagreement IMHO is Mastercard over Visa!!!

never-in-doubt

gnaril wrote: »

Section 75 is a loss to the bank.

Not true, the bank simply charge it back to the merchant terminal that originated the sale - even it makes them overdrawn (i.e. small traders).... I should know! Been there, read the book, been scammed and took on streamline (and lost) because rightly so, they said I should have provided a clear audit trail to protect myself (i.e. the sale should have been properly documented which admittedly it wasn't)....

At the end of the day, the bank will bear the brunt in cases where the business has gone under or whatever but wherever possible, if the originating merchant is still trading, they will simply reverse the original transaction (they usually write to you allowing you to give your side of events and generally speaking, proof of postage and goods is all that is required - retail of course).....