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Refunds for faulty goods & being fobbed off by credit card companies
staceeas87
Posts: 10 Forumite
After a recent experience I found this very useful story in 'This is money':-
Can not add link as a 'Newbie'....
Claiming a refund for faulty goods are routinely being fobbed off by credit card companies!
Anyone who spends on their credit card has their purchase protected if the store goes bust, or their shopping never arrives, is faulty or is not as described.
This can be a lifeline for shoppers who are ripped off by companies that simply disappear, or for those who have spent thousands with a store that goes bust before delivering their goods.
The rule protecting them is Section 75 of the Consumer Credit Act. It was once a little‑known regulation, but in the past five years an increasing number of consumers are using it!
As result, evidence is growing that card companies — who once paid out without quibbling — are starting to take a tougher line on claims.
Section 75 applies only to purchases of more than £100 and less than £30,000. It protects your entire purchase, even if you paid only the deposit on your card. It is still covered if the deposit is below £100, but the total purchase price is above (and less than £30,000).
But you are not covered if a deposit is more than £100 and less than £30,000 but the total purchase price is more than £30,000.
Section 75 applies only where there has been either a breach of contract or a misrepresentation by the supplier; Breach of contract normally means the goods ordered never turned up or were not to the standard promised; A misrepresentation is an incorrect statement from the firm that led the consumer to make the purchase.
You cannot claim under Section 75 if you have simply changed your mind about a purchase or later discover you could buy it cheaper elsewhere.
Section 75 gives you great and unique protection. But the law in this area can be complex and each claim has to be assessed on a case-by-case basis.
If your bank turns down your claim, make a formal complaint. If the bank does not respond satisfactorily within eight weeks, take your case to the Ombudsman.
If you paid by debit card rather than credit card, you may be protected under rules known as ‘chargeback’.
Chargeback also covers credit cards so can be useful if you paid for something under £100.
It means the card provider can reverse a transaction — effectively grabbing money back from the recipient’s account — after you have paid.
You can ask your bank to use chargeback in cases of goods not being delivered, arriving damaged, where they are not as described, or in cases where the merchant has gone bust.
But chargeback is not a legal requirement, just part of card company rules.
You need to ask your bank for a chargeback within 120 days of realising there is a problem. But be prepared to explain the process to bank staff, as many don’t know about it.
Can not add link as a 'Newbie'....
Claiming a refund for faulty goods are routinely being fobbed off by credit card companies!
Anyone who spends on their credit card has their purchase protected if the store goes bust, or their shopping never arrives, is faulty or is not as described.
This can be a lifeline for shoppers who are ripped off by companies that simply disappear, or for those who have spent thousands with a store that goes bust before delivering their goods.
The rule protecting them is Section 75 of the Consumer Credit Act. It was once a little‑known regulation, but in the past five years an increasing number of consumers are using it!
As result, evidence is growing that card companies — who once paid out without quibbling — are starting to take a tougher line on claims.
Section 75 applies only to purchases of more than £100 and less than £30,000. It protects your entire purchase, even if you paid only the deposit on your card. It is still covered if the deposit is below £100, but the total purchase price is above (and less than £30,000).
But you are not covered if a deposit is more than £100 and less than £30,000 but the total purchase price is more than £30,000.
Section 75 applies only where there has been either a breach of contract or a misrepresentation by the supplier; Breach of contract normally means the goods ordered never turned up or were not to the standard promised; A misrepresentation is an incorrect statement from the firm that led the consumer to make the purchase.
You cannot claim under Section 75 if you have simply changed your mind about a purchase or later discover you could buy it cheaper elsewhere.
Section 75 gives you great and unique protection. But the law in this area can be complex and each claim has to be assessed on a case-by-case basis.
If your bank turns down your claim, make a formal complaint. If the bank does not respond satisfactorily within eight weeks, take your case to the Ombudsman.
If you paid by debit card rather than credit card, you may be protected under rules known as ‘chargeback’.
Chargeback also covers credit cards so can be useful if you paid for something under £100.
It means the card provider can reverse a transaction — effectively grabbing money back from the recipient’s account — after you have paid.
You can ask your bank to use chargeback in cases of goods not being delivered, arriving damaged, where they are not as described, or in cases where the merchant has gone bust.
But chargeback is not a legal requirement, just part of card company rules.
You need to ask your bank for a chargeback within 120 days of realising there is a problem. But be prepared to explain the process to bank staff, as many don’t know about it.
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Comments
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Why are all your posts just copied from This is Money?
http://www.thisismoney.co.uk/money/cardsloans/article-2141387/Shoppers-claiming-refund-faulty-goods-routinely-fobbed-credit-card-companies.html0 -
As far I know, you have one chance at doing a section 75 so make sure that you do it correctly.
You can find template letters online. Having spoken to many clients who have done section 75s, they have only got back the amount paid by creditcard and not the full amount.
For chargebacks on debitcards, the banks make you jump through hoops. I have heard that some banks ask clients to get a crime reference number from the police which can be quite difficult.0 -
Deleted_User wrote: »Why are all your posts just copied from This is Money?
Maybe just spreading the information.0 -
tradecarbon wrote: »Maybe just spreading the information.
More likely Lauren Thomson from the Daily Mail just spamming her own articles from what I can see.0 -
Sorry zx81 not Lauren Thomson.....If I was in her salary bracket I would not be feeling so upset by the long drawn out fight I am having with my credit card company!!0
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staceeas87 wrote: »Sorry zx81 not Lauren Thomson.....If I was in her salary bracket I would not be feeling so upset by the long drawn out fight I am having with my credit card company!!
If you're having a fight with your credit card company, whats the point in your post as we have no idea what problems you've had. It's just not relevant unless we know what you're on about.0 -
staceeas87 wrote: »Sorry zx81 not Lauren Thomson.....If I was in her salary bracket I would not be feeling so upset by the long drawn out fight I am having with my credit card company!!
Her salary bracket? You make it sound like she's on six figures! A journalist like Miss Thomson will be on no more than 30-35k you realise?0 -
Hi all !
searching for some advice on the above. I bought a second hand car on my credit card. This included a cam belt change, the mechanic made a mistake resulting in bent valves and new valves being ordered and delay in delivery etc when the car was delivered rather than complain I sent a thank you email for eventually supplying the vehicle and sorting out the problems and detailing what they had told me. I recorded the millage and low and behold 4 months and 2500 miles later the cylinder head gasket has gone. Got a quote from another garage for doing this work read about section 75 on here and thought good I will get my money back. Contacted my credit card company and said I wanted to make a claim under section 75 of the credit consumers act, they put me through to there claims section told me no problem would send me a claims form and credit my account within 24 hours. 2 days later account still not credited so I contacted them again. They are now saying I was given the wrong info they will not credit my account merely suspend credit charges pending the outcome of the claim. They sent the form out yesterday and will look at the claim when they receive it. telling me they then have to contact the merchant bank and see what there response is. When asked about timescale they said it depends when they receive the form and will write to me with the out come. Once the merchant bank has replied. Any advice welcomed !!!0 -
You bought a second hand car with obvious faults - do not expert your credit card to pick up the bill.
This may seem harsh but it is true.
Good luck with your claim - I suspect to win you will have to sue - are you prepared to risk your own money in this way?0 -
If you'd posted this on the Motoring forum you'd be laughed out of court, why would you expect someone else to be responsible for a fault, that can happen on any vehicle, 4 months and 2500 miles after you bought it? There are costs associated with running a car, now man up and take some responsibility yourself.0
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