Great 'Section 75 successes' Hunt

Former_MSE_Penelope Posts: 536 Forumite
edited 12 April 2011 at 7:08PM in Consumer rights
Great 'Section 75 successes' Hunt

Buy something costing £100+ on a credit card and Section 75 means the card company's jointly liable if things go wrong. Have you used this right and succeeded? Do let us know.

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  • moonrakerz
    moonrakerz Posts: 8,650
    First Anniversary Combo Breaker First Post
    When MaxJet went bust we had two single tickets booked with them UK to LA, costing IIRC about £600 each.
    I claimed the cost of two BA business class tickets from MBNA (Goldfish) which was about £1000 more than we paid for the Maxjet tickets.

    They did try the usual delaying and off-putting tactics at first. I think their staff are given a script on how to reject claims of this sort - as long as you know what you are doing it is easy to run rings round them !
    One character told me that "Mastercard rules" over rode Sect 75 - I soon put him right :rotfl:

    After a couple of letters and 'phone calls, they paid up in full :cool:
  • higginsb
    higginsb Posts: 20 Forumite
    bought a netbook on nationwide creditcard on which the screen got damaged and was irreparable after 3 weeks. Nationwide have a clause (don't know if this applies to other creditcards) where they will only pay out if the item is not insured thru any other insurance such as house or travel insurance. They therefore would only pay out the excess on our house contents policy of £100.
  • WendyW_2
    WendyW_2 Posts: 2 Newbie
    edited 14 April 2011 at 12:09PM
    Had a rust problem with an 18 month old washer dryer. Manufacturer, Hotpoint/Indesit, would not accept responsibility because they said the fault was cosmetic, neither would the extended warranty company for the same reason, but Tesco Credit Card accepted their joint liability and met the cost of reparation. They were very courteous and helpful to deal with and I can't praise them enough for the way in which they dealt with my claim.
  • brought a gracco pushchair from a small local retailer who unfotinately had gone bust by the time a wheel broke off after 13 months, gracco woulnt take responsibility, and no shop to try, but amex refunded full amount. took about 6 months and several letters though!
  • We paid in full full for a mattress and delivery costs. There was a four week wait between ordering and delivery. In the meantime Allders went into liquidation.
    At the time of sale the sales assistant persuaded my husband to renew his out of date store card and pay with that. That sales assistant saved us the loss of well over £300.

    We claimed through section 75 and had our money completely refunded.

    When we tried to find the mattress elsewhere we found it had been made as a special for Allders. Sealy gave us the name of a store in a nearby town that sold a similar one. It was an old fashioned department store with excellent service. Not a penny had to be paid until after delivery, delivery was free and the only charge made was for taking our old mattress away. We not only got our money back under section 75 but found a first class store to deal with as well.
  • thefirs
    thefirs Posts: 698
    First Anniversary Combo Breaker First Post
    edited 14 April 2011 at 12:08PM
    In August 2008 my son married to a Canaadian. My wife and I and two of my brothers and their families (11 persons in all) travelled to attend the weddding with the Zoom budget airline. After the wedding but whilst we were all still in Canada the company went into liquidation, leaving us all high and dry.

    It was at this point that I discovered that your insurer disowns you unless you have taken out a rare breed of policy including cover for commercial failure. We all ended up purchasing Air Canada tickets at around £300 each, rather more than the return portions of the original journeys had cost. Although we parents stayed at my son's house, the others had to stay in hotels for three extra days as there was no flight capacity on the original return travel date.

    My credit card company (Capital One) quickly refunded the costs once I had set out the position with copies of receipts etc, including Heathrow/Gatwick transfer and extra parking costs. One brother (Halifax Visa) had costs similarly refunded, with total costs for his branch of the family reaching £2600. My other brother had an interminable runaround with Barclaycard, but eventually had all his reasonable expenses met in addition to the tickets.

    Always pay by credit card on this sort of expense, even if it means a surcharge on the ticket.
  • Normanp
    Normanp Posts: 2 Newbie
    edited 14 April 2011 at 12:07PM
    A while ago now my wife and I attneded one of these holiday club type presentations (not time share but something a bit different and another story!).

    We believed the hype and paid £3500 for mebership.

    After a while it becme obvious that the company were not going to deliver any of the advertised benefits, and the finla straw was when the free holiday offered as an incentive was cancelled becuse the holiday club had not paid the travel company.

    We tried getting our money back through small claims, and although the case was found in our favour the company never attended and never showed any sign of paying up.

    Luckily we had paid using the wifes Barclaycard.

    It took a couple of letters but in the end they repaid "most" of the £3500 they did keep a bit back for admin or something like that. But at lease we got most of our money back.

  • GraceCourt
    GraceCourt Posts: 317
    Name Dropper First Anniversary Combo Breaker First Post
    edited 13 April 2011 at 12:41PM
    I can offer stories of mixed fortunes about American Express... when Buyers and Sellers Online went bust (covered by MSE here), they had my S.75 refund back in my account within days... excellent service.

    But BEWARE... you have NO S.75 RIGHTS WHATSOEVER if you pay for goods by credit card via Paypal... and what makes it worse, although your Paypal agreement claims to be governed by English law, Paypal refuses to respond to requests for an address for service of legal process within the jurisdiction of the English Courts, and in all dealings with them you will only receive communications from their Luxembourg subsidiary. All they will consider is whether or not to make a refund of the original sum paid under their "Goods Not As Described" (and then only if you pay to send the goods back) or "Goods Not Delivered" policies... nothing more.

    So, even if you have legal consumer rights because you are in the UK, you cannot enforce them unless you take legal proceedings against the seller in the country where the seller is based, which could be in Scotland or in Northern Ireland. The credit card company is NOT liable under S.75 for Paypal purchases, so avoid payment via Paypal in this way wherever possible.

    See more details, and the refusal by Amex to make any S.75 payment, here.
  • crittertog
    crittertog Posts: 190 Forumite
    I had to use it once when an item I purchased was faulty out-of-the-box. The retailer sent it off to the manufacturer for examination (without the required consent from me), and wouldn't proceed until they'd got a refund from the manufacturer. Despite being refunded by the manufacturer instantly (I contacted them asking if they'd received it and how long it would take), they insisted they hadn't heard back for around a month.

    Immediately after sending the item back, I contacted the card company (HSBC), as I had a "gut feeling" the retailer was going to be difficult. This letter included a demonstration of the defect, and what I wanted doing to rectify the situation (with appropriate references to the supporting sections of the Sales of Goods Act and Consumer Credit Act). I initially got a response from their charge-back department stating that I must allow the retailer to put it right first, and that I must accept a replacement item, rather than demanding a refund (both of which are incorrect, from a legal point-of-view). I sent a second letter challenging their points, which I did not get a response to, quickly followed by a third with the manufacturer's confirmation of defect and refund to the retailer, and a telephone call to a couple of days later to confirm receipt - I was told that it was with their legal department, and between the time of the third letter being sent and me phoning, a credit for the basic cost of the item had been received (although who processed the refund - the card company or retailer - wasn't made clear, I believe it was the card company). My next statement included a refund of the postage charges (both initial and return), and the costs incurred in writing to the card company. Total time to resolution was around 2-3 months.
  • dinnjo
    dinnjo Posts: 11
    First Anniversary Combo Breaker
    I booked a hotel in Venice through a website and paid the site a deposit (about £80) with my Barclaycard. Later I paid the website the balance (about £400), using a bank transfer to save the credit card fee. The website then went bust before my holiday. I made a section 75 claim with Barclaycard. They refunded my deposit but argued that as the hotel was still in business they would not be refunding the balance. I thought their argument was nonsense and told them so but they would not change their minds. I then got in touch with the Financial Ombudsman and filled in the appropriate forms. Within a week I got another letter from Barclaycard saying that they had reconsidered my case and they then refunded the balance in full, even though by this time I had cancelled my account with them. Coincidence? I think not.
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