Credit card and Sagepay?????

shazmin1974

Hi i have paid for an item which is faulty and the credit card company will not pay me back even if i go through section 75. this is because they say the supplier takes payments through Sagepay and therefore im not covered. i just gave the chap my credit card number... i wasnt told the method which he took payment. Why am i not covered??

wealdroam

shazmin1974 wrote: »

Hi i have paid for an item which is faulty and the credit card company will not pay me back even if i go through section 75. this is because they say the supplier takes payments through Sagepay and therefore im not covered. i just gave the chap my credit card number... i wasnt told the method which he took payment. Why am i not covered??

Read MSE's Section 75 Refunds article.

In there you will find...

When you buy through third parties. Travel agents, paypal, group buying site etc.
You're unlikely to be covered when payments are made to a company that isn't the one providing you with the good or service. In these cases the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

Read the article for more detail.

lil.smartie

Sagepay aren't a 3rd party though, they are a gateway linked to a merchant account with a bank. Their statement should show the merchant as the payee not Sagepay?

Kate

floopnoodle

Agree with lil.smartie.

I take payments through SagePay, they are just a payment processor. Look at your statement and whoever's name shows is the person/business you paid, it won't say Sagepay

Optimist

shazmin1974 wrote: »

Hi i have paid for an item which is faulty and the credit card company will not pay me back even if i go through section 75. this is because they say the supplier takes payments through Sagepay and therefore im not covered. i just gave the chap my credit card number... i wasnt told the method which he took payment. Why am i not covered??

To qualify for Section 75 there needs to be 3 parties only in transaction, supplier, consumer and the credit card company. These are defined as associates under the Consumer Credit Act

The credit card company will argue that by using a service such as sagepay this puts a 4th party in the transaction and as such they are not liable.

By all means go through the banks complaints process and then go to the Ombudsman. It might work sometimes banks decide it is cheaper to pay that go through the Ombudsman process

This rule does put a gap in the protection offered to consumers maybe Mr Lewis should start a campaign.

bod1467

Agree with the comments re.Payment Processor. SagePay are not like Paypal wherein you pay Paypal and then they pay the seller; they are simply a payment handler, thus the purchaser pays the seller.

I think CC companies are being disingenuous if they're trying to avoid their S75 responsibilities with this "get out".

arcon5

Yes but are SagePay a 4th party to the transaction? As far as i'm aware they merely provide a payment processing gateway to merchants in the same way WorldPay and CardSave are. Not actually part of the payment process like PayPal for example.

Optimist

arcon5 wrote: »

Yes but are SagePay a 4th party to the transaction? As far as i'm aware they merely provide a payment processing gateway to merchants in the same way WorldPay and CardSave are. Not actually part of the payment process like PayPal for example.

Sagepay are acting as an agent.

There is no direct link between the consumer and the retailer as there would be if the retailer had a card machine directly linked to the credit card company.

There must be some link to Sagepay in the billing software the credit card companies use. If not how do they know that SagePay are in the loop ?

Not arguing for it but that is how I interpret the act.

The OP needs to go through the complaints process then on to the Ombudsman

shazmin1974

floopnoodle wrote: »

Agree with lil.smartie.

I take payments through SagePay, they are just a payment processor. Look at your statement and whoever's name shows is the person/business you paid, it won't say Sagepay

yes the person i bought it from is on the credit card statement