Can I reclaim the money from my credit card company?

lulah_j

Hi, I need some advice please. Last January 2012 I paid for a course for my daugher to do semi permanent make up, the course cost £4000 and was paid for on my credit card in two installments of £2000, this had to bee paid before she attended the course. At the time she mentioned that she was not happy with the proffesionalism of the instructor, however she completed the course and after some time eventually received the machine that was included in the cost of the course. She has in the last week discovered that the company that she did it with did not have the credentials that they claimed to have had and that in turn has resulted in her qualification being invalid. The company has now gone into liquidation and therefore she has no chance of obtaining any refund. I wondere if it is possible for me to get the money refunded from my cedit card company?
Thanking you in anticipation

grumbler

I think you have the case if you can prove what you say.
MSE article: Section 75 refunds

chattychappy

One potential S75 headache is that you paid for your daughter. If she signed up for the course and you merely paid then it would be tricky to sustain a S75 claim.

Else sounds like a case of both misrepresentation and breach of contract for which the CC is jointly liable for. But the devil will be in the detail - eg exactly what qualification was promised and how was it invalid.

The CC might argue that there was still value in the course and in the machine obtained - so deny a full refund.

I would start off by looking at what the cost of putting this mess right would be. Ie cost of getting the qualification including travel, lost earnings etc and see how this compares with getting a full refund.

If you have any brochures/materials to substantiate your claim that would be helpful. Some websites end up being cached so you might still be able to retrieve it.

Ultimately if it went to court you would have to prove your case on the balance of probabilities - ie more likely than not. Note it's a lower burden of proof than the famous "beyond reasonable doubt" of criminal cases.

Expect the CC to make a stream of demands for reports/paperwork etc. S75 is burdensome for them as they have to foot the bill. I'm sure a number of people just give up trying (and indeed I'm sure plenty of people make spurious claims). Co-operate with them as far as is reasonable - but ultimately sue/use the FOS if you have to.

BUT, as I say, it could fall down if your daughter was the contracting party with the college - and sadly it does look that way.

jonesMUFCforever

I think it will fail as dad paid for something daughter got.

chanz4

The link was broken, the product was for no benefit of the op

pvt

I think this could hinge on how old your daughter is.

If she was under 18 when you paid for her course, then I think it might be arguable that this company was providing you with the service of educating your child.

If she was over 18 then I suspect that, as other above said, S75 will fail on the grounds it wasn't a contract for your benefit.

Of course, I might be completely wrong and I will shortly be shot down in flames by more knowledgeable posters.

chattychappy

pvt wrote: »

I think this could hinge on how old your daughter is.

If she was under 18 when you paid for her course, then I think it might be arguable that this company was providing you with the service of educating your child.

If she was over 18 then I suspect that, as other above said, S75 will fail on the grounds it wasn't a contract for your benefit.

Of course, I might be completely wrong and I will shortly be shot down in flames by more knowledgeable posters.

This is all relevant stuff.

dazza.mk

All rather conclusive answers for what is still rather a grey area, the principle of items being of main benefit to the main cardholder is established based on FOS rulings (if taking that route) in relation to purchases by additional cardholders only, there is nothing conclusive re: main cardholder and close family members that I am aware of?

The course could have been:
a) a gift
b) The OP could make a habit of supporting his daughter
c) Course could have been as an alternative to higher/further education where there would have been considerable parental support.

.....Not saying the above is right, just the previous answers are relatively cut and dried, as long as the OP's name was on the invoice rather than the daughter's I'm surprised that people can be so conclusive?

_Andy_

"I wondere if it is possible for me to get the money refunded from my cedit card company?"

Have you asked the card company?

chattychappy

dazza.mk wrote: »

All rather conclusive answers for what is still rather a grey area,

.....Not saying the above is right, just the previous answers are relatively cut and dried,

Well said. Some more info from the OP would be useful - eg who signed the contract/form with the school. Ie did the OP contract with the school for lessons, or did the daughter.

When I was "doing" law, I remember a teacher who always pounced on students who were quick with the definitive answer. Some things are indeed black and white, but this is certainly grey (at least for the time being). The FOS (or MSE!) doesn't create binding precedent - who knows what a judge in a small claims court would say. Plus, once an action is started there is a good chance that the CC will do a deal. Sending someone to defend an action is expensive and for small claim there is little prospect of recovering costs if you win.