Section 75 Credit Card Act 1974

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We used our Barclaycard to pay the deposit on an exclusive Membership only holiday ownership at the Salina Wharf, Malta. We were shown an appartment, but on taking up the holiday in November 2012 we were given a substandard appartment, not at all like that which we were shown, and not at all as advertised in the brochure. We also have seen weekly holidays advertised on the internet at this resort, which we were told was only available to Members only. We have been in contact with Barclaycard but have had no response. Is this transaction covered by Section 75? Any help and advice would be much appreciated. :(
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  • jd87
    jd87 Posts: 2,345 Forumite
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    It's the Consumer Credit Act 1974.

    Yes as long as the transaction was more than £100 (which it no doubt was) then yes it is covered. "Misrepresentation" and "breach of contract" are covered. Your task is to prove it.

    How long have you been waiting for a response from Barclaycard?
  • ILW
    ILW Posts: 18,333 Forumite
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    We used our Barclaycard to pay the deposit on an exclusive Membership only holiday ownership at the Salina Wharf, Malta. We were shown an appartment, but on taking up the holiday in November 2012 we were given a substandard appartment, not at all like that which we were shown, and not at all as advertised in the brochure. We also have seen weekly holidays advertised on the internet at this resort, which we were told was only available to Members only. We have been in contact with Barclaycard but have had no response. Is this transaction covered by Section 75? Any help and advice would be much appreciated. :(
    Have you been through the suppliers compalints procedure yet?
  • Patchworker
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    Hello thank you for your help. I have been waiting for over six weeks for some concrete assistance. I have written and faxed and sent copies of brochures etc. but every time I get a call from one of their Call Centre reps.
    and nothing seems to progress from there. Very frustrating.
  • Patchworker
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    Thank you for helping. I am not sure what the suppliers compaints procedure is as yet. I have written to the Salina Wharf but their reply was better luck next year!
  • Patchworker
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    jd87 I think I did not address my reply to you personally, but it is listed somewhere under my question. Thank you for your reply. I cannot seem to get any resonse from Barclaycard that is helpful, just call centre calls which produce no results. I think I may try and enlist the help of the local Barclays Bank Manager it seems it would be easier contacting the man in the moon than speaking to someone in the UK at Barclaycard.
  • Patchworker
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    ILW Not being used to forums my reply to your advice is listed but with no identification. I am not sure how to proceed as you suggested. Can you give me more information please. Thank you
  • dalesrider
    dalesrider Posts: 3,447 Forumite
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    When you ring barclaycard. Try asking for the disputes department. These guys will be used to dealing with this stuff.

    What you will need to do is provide T/C and as much other info you can.

    Other advice. Do not expect a quick resolution.

    Also head over to Timeshare.org. That is a great source of info.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
  • Patchworker
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    dalesrider. Thank you for your advice. I have tried ringing the Disputes Dept. and all I got was " a machine". I have written and faxed all documents, brochures and relevant clauses of the contract from Salina Wharf, Malta. Barclaycard never acknowledge receipt. I have emailed and I get a reply from a Call Centre Rep. who asks all the relevant security questions and can offer no advice. Tells me to hang on and they will transfer me to the Disputes Dept. After hanging on for over ten minutes the line goes dead. Today I am going to tackle the Manager at Barclays Bank to enlist his help ( not very hopeful) but Barclaycard is part of Barclays plc, so I am now getting desperate to know what to do next. I have the offer of another interview at the Citizens Advice Bureau so that will be the next step.

    I have been in touch with Timeshare.org who confirm that we have a case against the Salina Wharf for misrepresentation and breach of contract and also with the European Consumers Centre (UK) who say in the event of no body else offering help they would negotiate with their counterpart in Malta. Although the timeshare is in Malta (EEC) some of the parties to the contract are in British Virgin Isles and Isle of Man. I dont know if the Financial Ombusman would intervene, as Isle of Man is part of the UK is it not? What a pit of vipers we fell into when we went into this timeshare/supposedly exclusive holiday ownership club!!

    Does anyone know how to gain the attention of Barclaycard other than omitting to pay off their Barclaycard? Sorry for the rant!
  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
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    Another obvious question is was the holiday ownership contract governed by English law?, as if not Section 75 WILL apply, but will mean that you can hold the credit card company liable under breaches of Maltese law......... Which posters in this forum may struggle to advise on. I read the OP as you having arranged the deal in Malta?

    In terms of the Financial Ombudsman, they will intervene on the basis has Barclaycard complied with Section 75 legislation, you just need to prove a breach of contract in order that they should comply (or breach Section 75)
  • dalesrider
    dalesrider Posts: 3,447 Forumite
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    Patchworker..

    Try the fraud dept. These often work hand in hand with disputes as its a very grey area between what is fraud and what is a dispute.

    Your's is a dispute though.

    If you are not getting anywhere. Then ring the std barclayscard line and say "I want to raise a complaint" that will grab their attention and ensure that you are contacted back.
    Failure is respond is a breakdown of process and is what will get barclaycard in trouble with FOS.
    Never ASSUME anything its makes a
    >>> A55 of U & ME <<<
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