Virgin Credit card/Section 75

Wywth

dalesrider wrote: »

WRONG :mad:..

Was it really necessary for you to come along hours later and post like that? :mad:
Especially when 2 posters had already corrected the error (the second one including a source) within 12 minutes of it being posted?

dalesrider

Wywth wrote: »

Was it really necessary for you to come along hours later and post like that? :mad:
Especially when 2 posters had already corrected the error (the second one including a source) within 12 minutes of it being posted?

YES.....

Totally incorrect advice needs pointing out.

Given I do not spend all my life here. I picked it up the error and responded without reading any further.

potzerella

Just spoke to MBNA

They are requesting a copy of the registration of debt with the administrator!!!

Hmm

Potzerella

Herbalus

potzerella wrote: »

Just spoke to MBNA

They are requesting a copy of the registration of debt with the administrator!!!

Requesting it from you?

Wow. Er, tell them to google it?

potzerella

Have just heard from MBNA

They say they will pay the deposit of £79.00 back but as the remainder of the purchase was pay'd for on an easy terms agreement between Santander and Comet (buy now pay in 6 months time) than I need to take the case up with Santander. I thought according to the articles explained on this site that the credit card company were liable for total prchase price of the goods in question even if only a deposit was payed initially on the credit card. If the credit card company can wriggle out of it citing BNPL schemes invalidate the claim then this needs to be made clear. As I did not have all the relevant documentation to hand I asked the MBNA representative to give me his phone number so I could call back. This was refused and he said I would receive a letter confirming what was said on the phone. I also asked what if Santander refuse to remburse the money, to which the MBNA man said we will have to see what happens. All I would like confirmed is who is responsible here.

I look foward to any replies with interest.

Potzerella

dazza.mk

potzerella wrote: »

Have just heard from MBNA

They say they will pay the deposit of £79.00 back but as the remainder of the purchase was pay'd for on an easy terms agreement between Santander and Comet (buy now pay in 6 months time) than I need to take the case up with Santander. I thought according to the articles explained on this site that the credit card company were liable for total prchase price of the goods in question even if only a deposit was payed initially on the credit card. If the credit card company can wriggle out of it citing BNPL schemes invalidate the claim then this needs to be made clear. As I did not have all the relevant documentation to hand I asked the MBNA representative to give me his phone number so I could call back. This was refused and he said I would receive a letter confirming what was said on the phone. I also asked what if Santander refuse to remburse the money, to which the MBNA man said we will have to see what happens. All I would like confirmed is who is responsible here.

I look foward to any replies with interest.

Potzerella

MBNA are trying it on, if the rest was a credit agreement with Santander then you could (theoretically) hold either of them jointly liable for your Sale of Goods rights under Section 75 (but not both)

EDIT: hold either liable for the whole balance that is.

potzerella

I have subsequently refered my complaint to the financial omnudsman and they have just informed me, that MBNA are right, it is Santander with whom I had the BNPL agreement who are liable. They are going to pass my complaint on, but I think this site needs updating to say paying a deposit on a credit card even if the goods are over £100 does not automatically entitle you to a refund. It depends on certain circumstances as outlined here.

eddddy

potzerella wrote: »

I have subsequently refered my complaint to the financial omnudsman and they have just informed me, that MBNA are right, it is Santander with whom I had the BNPL agreement who are liable. They are going to pass my complaint on, but I think this site needs updating to say paying a deposit on a credit card even if the goods are over £100 does not automatically entitle you to a refund. It depends on certain circumstances as outlined here.

Hi potzerella

On the surface, it looks like whoever you spoke to at the FOS has given you the wrong info.

Here's a quote from the FOS website:

So, for example, a customer who pays a deposit for goods - using a credit card issued by firm A - and then pays the balance using firm B's card, has the choice of claiming for the cost of goods and any consequental losses against:

- the supplier of the goods;
- firm A;
- firm B; or
- all three.

But of course, the customer cannot recover the same money twice.

(Link: http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm )

Your case is very slightly different, in that 'firm A' is a CC company (MBNA) and 'firm B' is a loan company (Santander). But that would not change the general principle.

So you have the choice of claiming the full amount from either MBNA or Santander.

And for good measure, the same page on the FOS website also confirms:

The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit.

dazza.mk

potzerella wrote: »

I think this site needs updating to say paying a deposit on a credit card even if the goods are over £100 does not automatically entitle you to a refund.

True, paying on a credit card for goods worth over £100 gives you the right to hold the card company liable under Section 75. Whether your claim has any merit is (almost) a separate argument.

Atidi

I suggest you make a complaint, not to the FOS, but about the FOS

Here's details of the FOS complaint procedure (to complain about the service you receive from the FOS):
http://www.financial-ombudsman.org.uk/publications/factsheets/complaints-about-our-service.pdf

If you are still not happy with the service the FOS have provided, then you can ask the independent assessor to look at it for you. (details in the link)

Good luck!