HSBC / BA dispute

Padd_2

Hi

I posted this in the credit card section and was advised to put it here.

I had a dispute with BA where I believe they are guilty of misrepresentation in that they led me to believe when I bought a ticket that it was changeable (for a fee), but then when I tried to change the date they told me it was non-changeable, meaning I had to buy a new single ticket. This dispute is a long story so I won't go into it too much as my question is only in relation to HSBC, who provide the credit card I paid for it with.

Having received no joy with BA in asking them to change the flight and subsequently to pay for the cost of the replacement single ticket, I wrote to HSBC under Section 75 of the CCA 1974. Their response seems a bit odd. They say they have written to BA to ask them to reconsider their position (implying they believe I have a case) but that HSBC doesn't accept liability.

HSBC accepts that I am the debtor and they are the creditor, but they say because I bought the flight for my girlfriend (who doesn't have an HSBC credit card) there is no debtor-creditor-supplier arrangement.

I have read the Act and my understanding is that it is a Section 12 debtor-creditor-supplier arrangement since per the definition in Section 11(1)(a) the agreement was to finance a transaction between the debtor (me) and a person/supplier (BA) other than the creditor (HSBC). I can't find any requirement that the goods/services have to be directly supplied to me by the person/supplier, only that I as the debtor paid for them (it was effectively a gift to her). You could maybe argue anyway that they were supplying a service in flying her to see me! Surely if their argument is correct Section 75 wouldn't protect anyone buying gifts unless the receiver is also a credit card holder, and I can't find any reference to gifts being excluded.

Thanks in advance for any help/thoughts.

Blacksheep1979

Did they say how much the fee was to change the dates?

Padd_2

Blacksheep1979 wrote: »

Did they say how much the fee was to change the dates?

Thanks for your reply - I understood it was an admin fee plus any fare surplus. If poss I'd really like to focus this thread on the question of whether or not HSBC are right that because my girlfriend was the passenger I'm not covered under Section 75.

Blacksheep1979

What you may or may not want to focus on shouldn't be the point, but the problem as a whole. For example if they merely stated 'a fee' that fee could be the full fare price...

S75 only gives you the same rights against your cc company as the company you bought goods/services from. So in a nutshell if you are so confident that your case is watertight just take BA to court rather than wrangling about the technicalities of whether or not you can add hsbc as a joint defendant/bully them into giving a refund.