HSBC claim 118 day limit to claim under section 75?

nick269

Good Afternoon All,

Today we found out that Dwell has gone into adminstration taking the £400 we had paid for furniture and not received with it. Luckily we paid for the furniture in January on a HSBC credit card with the delivery due in May.
When we heard the news we thought, 'phew, good job we paid on a credit card' but when we rang HSBC a lady said we only had a 118 days from the sale date to make a claim. From what I can find on the internet I see no mention of 118 days and surely if it was it would have to be from the delivery date.

Can anyone tell me if there is a time limit on making a claim under section 75? Are we able to claim our money back from HSBC?

If more information is needed please let me know. Many Thanks
Nick

InsideInsurance

What sort of "claim" is being talked about? Sounds like a confusion between Section 75 and Chargeback.

The standard laws of limitation applies to Section 75 which for a normal purchase contract would be 6 years.

Chargebacks have much shorter limits and you're always heavily at the mercy of your provider

grumbler

And even for the chargeback it's " Within 120 days of problem, and within 540 days of purchase".

As the delivery was due in May, it's when the countdown starts.

HSBC are fobbing you off.

fermi

http://www.which.co.uk/news/2011/01/which-exposes-poor-credit-card-claims-advice-242512/

Although there is no time limit to putting in a Section 75 claim, many advisers cited the Visa chargeback time limit of 120 days, and one Lloyds TSB adviser even quoted a week.

nick269

Hi All, Thanks for the quick replies.

We definitely paid on credit card and are planning on claiming under section 75 using the template letter from this website.
My understanding is that chargeback is for purchases on debit cards or purchases under £100.
Sounds like the lady at HSBC has either got her wires crossed or is trying to fob us off!
Thanks again!

grumbler

nick269 wrote: »

My understanding is that chargeback is for purchases on debit cards or purchases under £100.

Your understanding is wrong. It's just a different procedure for both credit and debit cards, less complicated in fact.

InsideInsurance

nick269 wrote: »

My understanding is that chargeback is for purchases on debit cards or purchases under £100.

A chargeback is for more or less any transaction. Its as simple as the bank telling the merchant bank of the vendor that they want their money back because of X. It only works if there is money there to take back.

A section 75 claim is only for credit products regulated by the CCA and where the value of the item/ service is over £100. The bank themselves are liable for paying the claim though in most cases I suspect they have a right to attempt to recover from the merchant afterwards but that is irrelevant to you.

S75 is also prescribed in law where as Chargebacks are industry standards

dalesrider

nick269 wrote: »

Hi All, Thanks for the quick replies.

We definitely paid on credit card and are planning on claiming under section 75 using the template letter from this website.

Ring back and ask to speak to the disputes department. Don't bother with the letter it will only delay things.

nick269 wrote: »

My understanding is that chargeback is for purchases on debit cards or purchases under £100.

Sadly wrong. A chargeback can & will be actioned on any amount (well there are minimum limits) and on both credit & debit cards. If there is a chargeback right avaiable

Given what you had already posted this transaction will be disputed.
Given a delivery date in May you are well within the 120 days. You will just have to provide proof of delivery date and sign a form to get it sorted.

nick269 wrote: »

Sounds like the lady at HSBC has either got her wires crossed or is trying to fob us off!
Thanks again!

I would go with not understanding :mad:

System

It doesn't require 'money there to take back' as then it would be useless for merchants in administration like dwell.

If it meets chargeback criteria, the merchant's bank would attempt debiting the merchant's account and if unsuccessful the (merchant's) bank is obliged to take the hit.

InsideInsurance wrote: »

A chargeback is for more or less any transaction. Its as simple as the bank telling the merchant bank of the vendor that they want their money back because of X. It only works if there is money there to take back.

dalesrider

Just to update on Dwell.
At the moment, the advise we are giving is no chargebacks are being actioned as it is possible that the co may still be able to provide the goods if someone comes in to take them over.
Also with no administrator appointed (which is odd) Any chargeback could be rejected on the basis that goods will still be provided.

We are just sending paperwork to people and asking them to wait till they get some info from the adminstrators advising what is going to happen.

Same would go for any S75 claim it would be put on back burner till it has become clear just what is going to happen to the company.

Bettsduck

Hello all

Need some advice on this Dwell situation too, trying to decide the best route to go down as currently feel like credit card supplier (M&S Bank) pushing us to do Chargeback rather than claim under Section 75. We purchased a bed and table to the value of £1,000 on 6th May and 7th April and not had delivery.

I sent a letter to M&S Bank last week using the Section 75 template letter from here. Contacted them by phone and they stated they had put a charge back claim in place and they would put a 'temporary' credit on my account for the amount above. This could be withdrawn at any time. They state they will try and claim the money from Dwells bank. I stated numerous times I did not want to go down this route but to claim from them under section 75. The person I spoke to did not even know what this is . She stated although they cannot guarantee our money back the only reason we shouldnt get it is if Dwell try and prove delivery.

my concern is if we do go down the Chargeback route and then our claim comes to nothing, whether we will still be able to try Section 75 or whether we should just insist as per my letter for a refund from them as they are jointly liable.

thanks