Online purchase - Am I covered by s75?

joew5421

Hi,

I'm having some trouble with an online purchase I made, and I was wondering whether anyone has an opinion or helpful suggestions?

• I bought some festival tickets (£300 on a credit card) from a company called Paylogic (based in the Netherlands I think).

• As soon as I purchased them I realised I’d made a mistake (within 15 mins) and asked if the order could be cancelled. They responded to say the order had been cancelled, and that no money had been taken. Relying on this I re-bought the tickets elsewhere the next day.

• They’ve since charged me for the tickets, and I’m stuck with a huge bill. Now they’ve taken their money Paylogic aren’t responding to any of my emails.


I asked my bank’s dispute department to look into this but their response was (1) Although Paylogic agreed to cancel my order, they didn’t say I could have my money back. I disagree with this because Paylogic’s email said no money was going to be taken – so mentioning a refund was irrelevant; (2) They say Paylogic’s T&Cs say cancellation is only possible in the case of death, illness or accident.

Personally I don’t think my bank is acknowledging that Paylogic agreed to cancel my order and that I relied on this. I think their response is a lazy look at the T&Cs – although I’m obviously very biased! I thought that s.75 of the Consumer Credit Act kicks in when there has been a misrepresentation or a breach by the supplier, and at that point I can reclaim from my bank.

Does anyone have an opinion? Also is there any reason why s.75 wouldn’t apply here?

Thanks!

wealdroam

"Section 75 kicks in"? Not sure what that means.

Section 75 of the Consumer Credit Act 1974 makes the credit card company equally responsible with the seller for the performance of the contract.

Maybe if the CC co are refusing to refund, perhaps you should ask them to supply the missing tickets that have been paid for.

joew5421

Hi Wealdroam,

'Kicks in' was a lazy way of saying that s.75 is applicable.

Also, the tickets aren't missing - a .pdf was emailed to me, which is another example of the company going back on their confirmation to cancel the order.

I'm still talking to my bank, but their original response was
"I'm sorry to tell you that I cannot help you...on this occasion I suggest that you continue to pursue the company to reach a satisfactory conclusion."

dalesrider

wealdroam wrote: »

"
Section 75 of the Consumer Credit Act 1974 makes the credit card company equally responsible with the seller for the performance of the contract.

What contract? The OP cancelled it. If the retailers T/C say no refunds then its tough luck.... Read before making payment.
So S75 is a waste of time.

S75 does not cover you for change of mind....
I think the OP's only chance is to attempt non receipt of tickets the day after the event.
While the company could reject this on the basis that they cancelled. It then opens up a pre-compliance that they have not refunded.

As soon as I purchased them I realised I’d made a mistake (within 15 mins) and asked if the order could be cancelled.

What is this mistake?

joew5421

Hi Dalesrider,

The mistake was that I thought I might have bought the wrong type of ticket for example camping/non camping. In an attempt to keep things simple (ha!) I thought it would be easier to ask if the company was willing to cancel the order so that I could check with others. If they'd have refused to cancel the order I would have just accepted that.

My problem is that they agreed to cancel their tickets knowing full well what their own T&Cs said, and that's what I relied on. Their T&Cs were only available in Dutch, and their website said I had to make a request for an English version. I thought it would be best and quickest to email and ask for their advice. I was keen to ask the question ASAP in case any transaction could still be stopped.

I'm now an extra £300 in debt and have twice the amount of tickets I need. Gutted!

dalesrider

joew5421 wrote: »

I'm now an extra £300 in debt and have twice the amount of tickets I need. Gutted!

So if you have the tickets, then there is no chargeback right or S75 then.

Seatwave or other online reseller sites

joew5421

A link to the .pdf tickets were sent with the original order confirmation. It was after this email that Paylogic agreed to cancel my order.

Since I originally posted this query my bank have been back in touch. They've re-read the correspondence and agree that I have a strong argument. They've actually credited the disputed money back to my account and are chasing Paylogic!

dalesrider

joew5421 wrote: »

Since I originally posted this query my bank have been back in touch. They've re-read the correspondence and agree that I have a strong argument. They've actually credited the disputed money back to my account and are chasing Paylogic!

Keep your fingers crossed for 45 days. That is how long they have to contest.

joew5421

Yep, going through the Mastercard procedures first and will hang on to s.75 just in case.

Agricolae

Good luck. I think, prima facie, you have a case.

I wonder what chargeback code this comes under.

mo786uk

You have suffered a loss because of their representation - if there was a clear indication that they would refund - is that a misrepresentation?