Section 75 claim rejected by credit card company...what next?

Flyboy152

visidigi wrote: »

Read the whole thread?

Assume? Its a contract, assume nothing where terms and conditions are involved. That, in this current day and age is the reason why so many people get caught out - they assume, when there is no legal obligation for an upgrade to contain what it did prior in 100% of cases

Read the latter end of this post for an explanation:

http://forums.moneysavingexpert.com/showpost.php?p=50616079&postcount=9

An upgrade may contain better features, but it doesn, by default require that all existing features of a contract remain.

If it is not better than the original it is replacing, then it is not an upgrade. It really couldn't be any simpler.

bod1467

When has common sense ever been a prerequisite for contracts?

topcatk_2

bris wrote: »

This is one for the courts to decide, there is always two sides to the story, with the gym defending the claim and having the paperwork to back it up, MBNA will not pay out.
The judge may see it differently and if the claim goes your way the gym has no choice but to pay up, if they don't then the CC would have to, as you have would have the court victory which shows the breach.
It is reasonably cheap to start the court action, and the fees can be added to the claim.
The gym could have a defence by saying the treatments were given by mistake and should never have been included in the new package, it could go either way.

Hi, the treatments were given for 5 months .....a month I could accept as a mistake but for 5 months???? we were told it was an upgrade and that our treatments were unaffected....and since contracts can be oral, and the spa has accepted there was a misunderstanding....I can't see how they can argue not to give us a refund or that court/FOS action not be successful.

Unless the owner has now 'fabricated' evidence, it has NO paperwork to back up his side, since there is nothing that clearly states the treatments are not included. Our original T&Cs show the inclusion of treatments. I have 2 lots of paperwork that says we have upgraded our membership and that we are now entitled to further benefits. Our new T&Cs state ' spa membership includes 2*30 minute treatments. Spa Premium membership includes 2*1 hr treatments'.....the problem is we have 'Platinum membership' which isn't mentioned at all in the T&Cs. We were then provided with those treatments for 5 months without challenge.....


Anyway I have learnt a very valuable lessons ....and will make sure in future everything is clearly stated. Unfortunately it has cost a couple of thousand to learn and I would at least like to try and recover some of it. The daft thing for me is that it if the spa had simply refunded the money, we would be paying them monthly to continue being members and so they would have had the money back over the next year or so.But now even if a refunded was given, I would never ever set foot over their threshold.

Anyway LBA in progress. FOS complaint sent today.

visidigi

Flyboy152 wrote: »

If it is not better than the original it is replacing, then it is not an upgrade. It really couldn't be any simpler.

Indeed I wholeheartedly agree with your above post - mainly because it goes against your original post and supports what I was saying.

It doesn't have to be like to like to be a replacement, just contain features which are measurably better than the old.