Visa debit - section 75 rule?

meer53

dazza.mk wrote: »

There is a Section of the CCA dedicated to overdrafts (amended by legislation in 2010)

http://www.legislation.gov.uk/ukpga/1974/39/part/VA/2011-02-01

Your link relates to section 74a of the CCA, i'm not legally trained, how would this tie in with a Section 75 claim ?

dazza.mk

meer53 wrote: »

Your link relates to section 74a of the CCA, i'm not legally trained, how would this tie in with a Section 75 claim ?

My last comment wasn't related to the Section 75 issue, purely to the last assertion that Overdrafts weren't regulated by the Consumer Credit Act, which as clarified by 2010 legislation is plainly wrong..... That's not to claim that all of the CCA therefore applies to Overdrafts, just that the claim that they aren't regulated by the CCA is incorrect.

Meer, that you've never dealt with such an issue doesn't surprise me, there are assorted sources that say that you'd have a potential claim with the circumstances (as mentioned above), but I'm not aware of any precedents. I'm not saying someone would win in such circumstances, just that it is a case that could go to the FOS or otherwise to test the issue.

meer53

dazza.mk wrote: »

My last comment wasn't related to the Section 75 issue, purely to the last assertion that Overdrafts weren't regulated by the Consumer Credit Act, which as clarified by 2010 legislation is plainly wrong..... That's not to claim that all of the CCA therefore applies to Overdrafts, just that the claim that they aren't regulated by the CCA is incorrect.

Meer, that you've never dealt with such an issue doesn't surprise me, there are assorted sources that say that you'd have a potential claim with the circumstances (as mentioned above), but I'm not aware of any precedents. I'm not saying someone would win in such circumstances, just that it is a case that could go to the FOS or otherwise to test the issue.

Aah i see ! Thanks for that, was wondering whether i'd nodded off in one of our departmental meetings ! It's useful to know

dzug1

Depending on the price of the tickets sect 75 may well not apply anyway - under £100 it's of no use. And I suspect there will be an argument that each ticket is a separate transaction.......

srcandas

While this conversation has been running the price of the tickets has probably risen by more than the cost of a water tight insurance policy

Sarah I've used Easyjet about 15 ret flights a year for more years than I care to remember. Excellent rock solid company that gives you what it says on the tin. There current financial results are excellent.

Just one tip: if you are booking for lots of people check the price for one then for the many. You may find splitting the booking is cheaper despite the debit card fee. (e.g. They have three seats left at £100 and one further at £120. If you ask for four it was always the case, and I have no reason to believe not so today, that you will be offered 4*120 and not 3*100 + 1*120. That said there is great value to be had.). Enjoy your trip :cool:

zephyr_uk

dazza.mk wrote: »

Theoretically if you use a Debit card in overdraft you are 100% covered by Section 75, its a 'credit token' in just the same way as a credit card. However in the event of a claim you are probably going to have to fight harder to enforce you S75 rights.

That's not right. You are not, under any circumstances, covered by Section 75 for Debit Card payments. Just because something is a form of credit or 'credit token' then that does not mean Section 75 automatically applies. Section 75 only covers very specific forms of credit, which means that credit cards and some forms of financing loan are covered, but not credit card cheques, debit cards, normal loans, overdrafts or charge cards. In essence, the card you pay with has to have been given to you as part of a particular type of credit agreement. Debit Cards never are, and so are not included.