Section 75 claim refused, please help

louisdog

Hello

I had some work done last year and paid by cheque.

Then in April this year the same company quoted for a bit of extra work and took a £400 deposit over the phone for materials.

Unfortunately they never came to do the work and didn't answer the phone, eventually I sent a recorded letter and it was returned as they had "gone away".

I immediately filled out a claim form with Tesco bank but have just learned this morning that they have turned it down because I was unable to supply an invoice. I did supply headed notepaper from the company from last year's work to show we had dealt with them before. That's all I had.

Are they allowed to do this? Surely I had a phone contract with the company, and if they failed to send me an invoice that is outside my control.

Does anyone know what my rights are? I am worried as I need my £400 back.

Thanks
Ali

YorkshireBoy

louisdog wrote: »

Does anyone know what my rights are?

You have the right to lodge a formal complaint (and ride it out to the FOS stage). Have you done so?

Why did you mention section 75? You simply dispute the transaction and let the card company decide whether to chargeback or pay up under section 75.

louisdog

Thanks for the reply.

I mentioned Section 75 because that's what Tesco bank said in their letter turning me down; before then I had just disputed the transaction using their form, having explained to them what happened.

I just wondered if the protection only applied if purchase made in person rather than over the phone.

I will complain to the bank, thanks.

Wywth

Section 75 applies to cardholder not present puchases as well cardholder present purchases.

However, Section 75 does not give anyone automatic refunds rights .

Section 75 doesn't mean credit card companies have to act as judge & jury in a dispute, let alone automatically take the word of a complainant in deciding judgement.

Your claim would normally be against the party I presume you are suggesting acted in breach of a contract you claim existed.

Section 75, where it applies, allows to you hold the credit card company jointly & severally liable for such claim ... but you might still have to prove it and a court is the ultimate place that occurs.

The credit card company has already refused your claim. This seems to be because you cannot provide suitable evidence to prove it. I doubt the FOS will find otherwise, but it's good to go through the motions as it'll show the court you tried to resolve the matter out of court.

But that only really applies if you are ultimately prepared to go to court to prove your claim, otherwise I fear you are wasting your time.

daggles21

In most Section 75 cases an invoice is needed to prove the link between the company with what appears on your statement.

Remember this is a law and its a legal action. If the credit card company pay out on a section 75 it is likely they may take the company to court to try recover the funds.

I am in no way saying you are lying and I am sorry that this has happened to you but the invoice will be needed as evidence

With no invoice how can you prove that the company that took the money are the same company on your statement?

If you have evidence to link the company with the transaction on the statement then send it in ASAP

louisdog

Just thought I'd update this thread for anyone who finds it in a search. I was unable to produce any documentation from the company who took my £400 as they never sent any, letters are returned "gone away" so I assume they have gone bust or something.

The ombudsman turned down my case as I didn't have the right paperwork from the company.

I don't think I can take them to court as I cannot locate them, and even if I can, I guess they may be bankrupt so the money is unlikely to be recoverable.

So I guess it's one to chalk up to experience.

Gutted as cannot afford to lose £400, and thought I was protected through paying on a credit card.

You live and learn.

grumbler

louisdog wrote: »

...
I don't think I can take them to court as I cannot locate them, and even if I can, I guess they may be bankrupt so the money is unlikely to be recoverable.
...
Gutted as ...thought I was protected through paying on a credit card.

You can take the CC company to court instead. That's exactly what s75 protection is about.
This doesn't meant that you'll necessarily win, especially as your don't "have the right paperwork ".

yangptangkipperbang

OFT website:
"Under section 75 of the Consumer Credit Act 1974, the credit provider may be equally responsible for any breach of contract or misrepresentation by a supplier of goods or services on credit."

If it comes to a Court case you will have to prove that the other party was guilty of :"any breach of contract or misrepresentation"

Section 75 isn't quite the Magic Bullet that many people seem to think it is.

chattychappy

yangptangkipperbang wrote: »

If it comes to a Court case you will have to prove that the other party was guilty of :"any breach of contract or misrepresentation"

Correct, but "guilt" is a criminal law concept and of course has a higher burden of proof. In civil law, you just prove the breach/misrep and the burden of proof is "balance of probabilities", ie more likely than not.

Still tough for the OP, but not impossible. Judges don't like to find that somebody has lied unless contrary evidence suggests this. The amount of the transaction will be showing on a statement. If the OP tells his/her story in court, and the CC cannot produce anything at all then he might well go with the OP. This possibility, plus the hassle of defending an action, might "encourage" the CC to make an offer.

[Deleted User]

louisdog wrote: »

I had some work done last year and paid by cheque.

louisdog wrote: »

thought I was protected through paying on a credit card.

So which was it?

Oli.s

Moneyineptitude wrote: »

So which was it?

Both, the op stated she had some work done previously and paid by cheque, then contracted the company to do more work on a future occasion and paid the deposit over the phone by card.