claim with section 75

steve62275

paid for a family treat balloon flight with "goballooning" who are no more. After contacting C.Card Co. they after chasing them sent a "Disputed Transaction Form" is this right or do I re phone them stating "section 75" pls help.

opinions4u

Phone them and state it's a S75 claim, not a dispute.

dalesrider

opinions4u wrote: »

Phone them and state it's a S75 claim, not a dispute.

Well that is going to depend on the amount....

CC co will deal with it as they see fit. If there is a chargeback right they will use that 1st.

OP. When was the purchase made?

Anything over 540 days, and so long as the purchase was over £100, then it will be a S75 claim.
But you will have to provide some info such as T/C and any proof of cancelled bookings etc.

chattychappy

If it's over £100 then, subject to the usual provisos (in particular that the booking was made direct by primary cardholder) then the OP should make a claim under S75.

How the CC meet their liability under S75 is up to them. Chargeback if they can, out of their own pocket if they can't.

Was it over £100, OP?

steve62275

Hi There it was about june last year (daughters 21st birthday present) and it was £380.00 booked flight for Aug got cancelled (due to high winds or so we were told) could not find a weather report to back this up Should have smelt a rat then...If I dont state Section 75 will C.Card try and fob me off with a lesser payout? many thanks..

dalesrider

steve62275 wrote: »

Hi There it was about june last year (daughters 21st birthday present) and it was £380.00 booked flight for Aug got cancelled (due to high winds or so we were told) could not find a weather report to back this up Should have smelt a rat then...If I dont state Section 75 will C.Card try and fob me off with a lesser payout? many thanks..

In this case then they have a chargeback right and will use it.

They will take the date of the co ceased trading as date of non receipt of service.

You should/will have no issues getting your £380 back.

chattychappy

steve62275 wrote: »

Should have smelt a rat then...If I don't state Section 75 will C.Card try and fob me off with a lesser payout?.

Technically S75 makes the CC jointly and severally liable for performance of the contract. Theoretically it is always open to them to supply the service as promised (unlikely they'd be able to do this) rather than pay "damages" (for breach of contract). "damages" is usually taken to mean a full refund, though again theoretically it could be more or less.

If you would be happy with a full refund, then certainly you should be able to obtain this. Assuming the chargeback works, they would have no need to fob you off because they are covered themselves. Else, yes. Experience is that CCs will look for ways out of paying out on S75.

Feed back how you get on.