Getting credit back from card company

dalesrider

Wheres_My_Cashback wrote: »

You wont have protection with the card for the £800 if its in credit.

He will.....

But just ask the card provider to refund to the account the payments usually come form.

Wheres_My_Cashback

chattychappy wrote: »

Yeah, "obviously" you don't know what you are talking about but have some vague memory of what you've read somewhere. So now you cannot be specific.

You should refrain from generalised comments about "you won't be protected" and not being "covered by the CCA" unless you can be clear and back it up. Eg fraudulent use of card, s75, positive balance covered by fscs, etc.

The law is pretty uncertain in some of these areas, though the FOS did hold that you would potentially have less protection for fraudulent use of your card to access a positive balance. The OFT were of the opinion that S75 protection DOES still apply (the charge is still via an agreement regulated by the CCA), though I don't think it's been tested in court.

YOU'RE TALKING OUT OF YOUR A R S E. You should refrain from being a complete C***. This and my comments are nothing to do with fraud. If the CCA applies to your own money then I suggest YOU back it up with evidence to say that it does rather than picking me up for something which is correct.
THE OFT/CCA has no such official statement in any official document to say that positive balances are covered by S75, but card companies do currently have the right to exercise their own privilage not to afford protection and that stands until otherwise changed by a judge in court.

Now you show me where it categorically states that postive balances have the protection......I'll have a very long wait!

chattychappy

Oh so you are talking about s75, then.

Wheres_My_Cashback wrote: »

THE OFT/CCA has no such official statement in any official document to say that positive balances are covered by S75,
...
.I'll have a very long wait!

Well, not sure what you mean by "official" statement in "official" document, but try the OFT's reply in this:

http://www.consumeractiongroup.co.uk/forum/showthread.php?76859-MBNA-amp-s75-of-the-CCA-1974

Wheres_My_Cashback wrote: »

YOU'RE TALKING OUT OF YOUR A R S E.

CC agreements are regulated by the CCA. It is in the T+Cs you agree to.

You made the claim that positive balances take you outside the act. It's for you to backup your claim, not for me to show that you are wrong.

Wheres_My_Cashback

chattychappy wrote: »

CC agreements are regulated by the CCA. It is in the T+Cs you agree to.

You made the claim that positive balances take you outside the act. It's for you to backup your claim, not for me to show that you are wrong.

CC agreements are reg'd by the CCA. Yes we all know that blah blah blah.

And if you wish to dispute what I say then
show that I'm wrong rather than just saying it's wrong.........but you cant, therefore you have no argument. If you wish to disprove me then show me, otherwise keep quiet.

Try looking at MBNA/Barclaycard/RBS cards and their take on positive balances. The OFT has made no attempt to stop them from exercising their right to exclude positive balances from any claim under S75.

chattychappy

Wheres_My_Cashback wrote: »

CC agreements are reg'd by the CCA. Yes we all know that blah blah blah.

Good. And s75 is er... in the Act!

Now you've made the claim that for an exception - it's for you to back it up.

The OFT regulate CCs, see their opinion in http://www.consumeractiongroup.co.uk...f-the-CCA-1974

No exception exists - until a court says otherwise (rather than you saying otherwise).

smj43

There may be no official exemptions to S75 but there has also been no ruling to say otherwise. So I believe that means the CC companies can do as they please and most will try to get out of paying up should any claim under S75 arise when in positive credit.

Wheres_My_Cashback

And as I said until a court deciceds otherwise card companies are free to exclude positive balances from S75 claims.
The OFT has an opinion, that doesn't mean to say it's statute law nor currently applied by card companies. As you'll see from your own link MBNA do not/ do not have to comply with an opinion until otherwise dictated by a judge so are therefore free to operate their policy particulalrly as the no part of the CCA mentions that they can't apply it.

Wheres_My_Cashback

chattychappy wrote: »

Good. And s75 is er... in the Act!

Now you've made the claim that for an exception - it's for you to back it up.

The OFT regulate CCs, see their opinion in http://www.consumeractiongroup.co.uk...f-the-CCA-1974

No exception exists - until a court says otherwise (rather than you saying otherwise).

I've made no claims stating there is an exception!!!!

I've stated that card companies are currently free to exclude and do exclude any claims under S75 if from a positive balance. there is nothing to say tey can't do that as your own link proves.

chattychappy

Wheres_My_Cashback wrote: »

I've made no claims stating there is an exception!!!!

Yes, by saying s75 doesn't apply in the case of positive balances. You've agreed the Act applies to CC agreements. The OFT say they believe s75 applies. My link was in response to your claim they had made no such statement.

Now I agree, CCs sometimes don't apply the law properly. Even after a judgment in one case, they still might not apply the law the same way in a different case - that is why there is an ombudsman service.

But you made the claim for an exception by your categorical statement that the OP would have no protection - it's for you to back it up. Simply saying CCs might dispute it is not the same thing.

smj43

Not sure your argument is going anywhere here guys and isn't helping the OP. If there is this much disagreement regarding whether or not S75 applies, imagine trying to argue it with the CC company!

OP, I would avoid using your positive balance for purchases if you're bothered about your protection.