Section 75 for overseas purchases

DaMilkyBarKid

Hi, have a problem that I'm hoping Section 75 can be used for!

My car broke down in Dijon, France on holiday three weeks ago and was towed to a garage and repaired. They fitted an new alternator and a new control board, total cost 397 euros. I paid using my Barclaycard at the garage.
This new alternator has now failed and is currently being replaced at a cost of £270. :mad:
I am unable to contact the garage as they never answer their phone so am hoping I can use Section 75 to sort this out!
I have a copy of the french bill and the alternator they supplied, complete with engineer's report so can prove the unit is faulty.
Does Section 75 still apply as I made the purchase in France or do I have to go through the french system?

Cheers!

reclusive46

The purchase is covered. It does not matter if it was in the UK or abroad.

meer53

You might find the french garage will ask for the alternator back so they can inspect it. Your purchase is covered but i don't think this will be a straightforward claim. How much was the alternator ? If it was less than £100 Section 75 won't apply anyway.

DaMilkyBarKid

The alternator was 195 euros, so well over the limit! I've kept the old alternator with a report so they can have it back if they want it!
Time for a trip to use the bank's free phone methinks!!

I'm expecting a bit of a fight on this but I will persevere!

DaMilkyBarKid

Getting somewhere slowly with Barclaycard. They took a while to understand that the warranty was in French, now they want proof of correspondence with the French garage. How do you prove you've made phone calls that were never answered?! :think:

I'm hoping that jut making a statement with dates and approximate times may suffice. I will win this on principle!

chattychappy

You can only do what is reasonable, and Barclaycard should accept that. They are jointly and severally liable - you could make the point that THEY ought to be communicating with the merchant (their "partner in crime") to find out what happened.

lisyloo

I'm expecting a bit of a fight on this but I will persevere!

It would appear you have a case, but Barclaycard are entitled to make sure your claim is genuine and that the other party have been sufficiently pursued.

Do you have on-line access to your phone account?
Could you provide them with a printout?
If you don't have the on-line facility then I would have though a list of dates and times would suffice.
I don't think there are any written rules about what you should provide but if you have done everything you can then that shoukl ultimately satisfy them - but don't hold your breath.

chattychappy

lisyloo wrote: »

but Barclaycard are entitled to make sure your claim is genuine and that the other party have been sufficiently pursued.

Technically they are not entitled to ensure that the other party has been sufficiently pursued.

Though it is often perceived as such, S75 is not a backup/insurance/fallback/chargeback type facility. Several liability means they are just as liable as the merchant. They stand equal with the merchant. Legally you do not have to pursue the merchant at all or exhaust all your remedies with them before holding the CC liable. They are liable from the moment of the transaction.

Of course, it may be sensible and show good faith to do what you can to demonstrate that the merchant has failed when speaking to the CC. But if it went to court, you would only have to show a breach of contract (or misrepresentation). You wouldn't have to show that you had pursued the merchant.

DaMilkyBarKid

Goof to know. My phone bill doesn't show the calls happening as it never connected (no answerphone, no pick up) so hopefully they'll be content with a self-declaration of some sort.