section 75 and debit cards

spaddywaddy

Hi There,

I know that debit cards have a different claim structure to credit cards under the consumer credit act. I would like to know the time limits to which i can make a claim on both types of card.

I have made a claim to both credit card and debit card and both have told me they cant do anything becuase of the time frame.

The debit card claim was within 60 days and the credit card 90. I'm a little annoyed becuase i have been stung along by the seller and promised the service would be put right, i gave them three chances to do this, then i got my card issuers involved. I feel very let down

Can somebody clairify for me please?

Thanks

Buzby

Section 75 is irrelevant for any Debit card. Time limits will depend on the financial house, but 180 days is the normal maximum. (6 months).

YorkshireBoy

I believe 'chargeback' has a 120 day time limit. The clock starts ticking from the time you first became aware of the issue.

Forget section 75 for the debit card. It doesn't apply*.

The FOS come down hard on banks that 'fob off' customers, so if you're confident you have a case just ride out the formal complaint process and let the FOS deal with it.


* I'm not sure if it applies if you were overdrawn or created an overdraft (arranged, not unarranged) with the debit card payment. That may or may not be classed as a 'credit token'. Suggest you google for further details on this.

dazza.mk

spaddywaddy wrote: »

Hi There,

I know that debit cards have a different claim structure to credit cards under the consumer credit act. I would like to know the time limits to which i can make a claim on both types of card.

I have made a claim to both credit card and debit card and both have told me they cant do anything becuase of the time frame.

The debit card claim was within 60 days and the credit card 90. I'm a little annoyed becuase i have been stung along by the seller and promised the service would be put right, i gave them three chances to do this, then i got my card issuers involved. I feel very let down

Can somebody clairify for me please?

Thanks

In terms of Section 75 itself timeframes are irrelevant, you need to look at the legislation that you are using Section 75 to hold the credit card liable for.

This could be 7 days (Distance Selling Regulations), 6 years (Sale of Goods Act) or another figure based on other legislation.

spaddywaddy

Thanks for the replies.

so for section 75 6 months from the date the claim is raised

charge back 120 days

Well i think they are trying it on becuase each claim was made well belwo that time frame. Can somebody firm this up before i start to bash these evil banks!

meer53

You need to give more information for people to give you advice, it may be that you don't have a claim at all.

dalesrider

spaddywaddy wrote: »

Thanks for the replies.

so for section 75 6 months from the date the claim is raised

charge back 120 days

Well i think they are trying it on becuase each claim was made well belwo that time frame. Can somebody firm this up before i start to bash these evil banks!

Section 75 has a timeframe of 6 years. But in any case talk to the card providers.

As to a chargeback on a debit card. Is it Visa.

It its Visa then the limit is 120 days from date of debit. But there are situations where longer is avaiable.
Such as Concert ticket bought say in december, but concert is not till august. Well outside the 120 days. but as the event is not till aug. The time starts from the date of the event, not the debit date.

But before you go back to the bank. Provide further details of the transaction and what the issue is.

I wonder if the timescale they have quoted relates to the extra ins some card providers offer and not any visa/mastercard regulation.

chattychappy

For s75, it's 6 years from date of breach of the contract (possibly 12 years if under a deed). For misrepresentation, "it depends" but probably 6 years from the transaction date in most cases.

spaddywaddy

The charge back was for work carried out by a garage which wasnt satifactory and i was charged for work that didnt need toi be done and parts which werent fitted.

I placed the claim with HSBC within 120 days of paying the bill from the garage under protest. I was about 1 week off the 120 days before i submitted. It was also acknowledged by HSBC before the 120 days. I sent a report from 2 independent garages to verify my claim was justified. HSBC contacted me to say they hadnt got the report, even though i had provided it. I sent it again via email and they recieved.

Now they are saying they cant do anything before it has gone past the time frame allowed for a charge back claim. It seems that they havent taken into account i persued and put in the claim within the 120 days?!

ILW

Have you gone through the full compalints procedure with the garage to a point where they have refused to do anything?

spaddywaddy

ILW wrote: »

Have you gone through the full compalints procedure with the garage to a point where they have refused to do anything?

Yes, the whole thing went on for ages. I gave them 3 attempts to sort the issues out and i got no where. The whole process was drawn out by the garage and it wasnt until i went to another garage they highlighted problems with the work they had carried out. The initial problem i took the vehicle in for was sorted out within 5 minutes at a cost of £80, when the other garage charged me nearly £4000 for work that was totally unsessery. This is when i wrote them a letter to both the garage and HSBC explaing i was going to persue a chargeback claim.