Section 75 Advice Required

tianwai

I have no idea of this place.

dalesrider

yangptangkipperbang wrote: »

S75 is part of British Law - the Chargeback system is operated by the finance houses as a "service" to their customers. It has no Legal backing whatsoever and the finance house can choose not to repay under this scheme at its own discretion.
This is probably why, in my case, I was told that "Mastercard rules" applied.

S75 = Loss to card provider.
Chargeback = Loss to retailer or the retailers merchant bank...

Which route do you think MBNA will take.:rotfl:

People band S75 around like sweets when there are payment issues on a credit card. (usually by people who do not know all the options)
It is very rearly used by any CC co for the above reasons.

While chargebacks have no legal standing. NO merchant can avoid one against as they have agreed to the scheme when they signed to take the cards.

TBH. I think people are a lot better educated now. As they ask what can do done to assist. Rather than come on stating "I want to claim. S75". You then spent most of the time argueing with them about incorrect advice they had recieved from the internet. Rather than getting to the crux of the matter and getting it sorted.

chattychappy

dalesrider wrote: »

Which route do you think MBNA will take.:rotfl:

The way I see it, s75 gives you enforceable rights in particular situations. That can form the basis of a claim. If the situation suits chargeback, then the CC can use this as a method of recovery from the merchant and discharging their legal liability to the cardholder. So if the CC wants to go that route, I would always cooperate.

Their are situations where s75 apply, but chargeback is available (eg under £100) and vice-versa (eg where the cardholder's loss exceeds the transaction value).

chanz4

think op was a windup

derps

melbell wrote: »

I think you will find thats Section 56...

I don't see how s.56 could possibly apply to a credit card transaction??

s.56 deals with regulating the formation of the credit agreement to finance a transaction. When you get a credit card you are opening a running-account credit agreement with which you can finance any retail transaction you wish and s.75 covers you for misrepresentations made by the suppliers.

s.56 is supposed to protect you when you're being mislead while forming a new credit agreement to finance a contract, such as a hire loan agreement.

Chattychappy is correct that s.75 is all the OP's parents need.