Section 75 Consumer Credit Act

akhan39

Hi there,


I bought a laptop using my credit card at the time of the purchase the company where advertising an offer price with cashback.To cut along story short when I tried to make the claim for cashback they did not have any record of the cashback offer. I then went to credit card customer dispute team but they refused to carry my case forward as I did not have any proof of the cashback offer. I explained to them that the only proof I have is the receipt ,the offer itself was just an advert on the screen at the time of the purchase. Can anyone please give me advice on how I take this dispute forward. I believe that I have been misled by the company and they should not get away with it.Thanks in advance,:mad:

stator

If it was advertised on their website you could try using http://web.archive.org to find old versions of their website and look for traces of the offer you mentioned.
Google also does a 'cached' version of some websites, but it's not as comprehensive.
Have you looked through all your e-mails from the time of the order to see if there is any mention of the cashback there?

jonesMUFCforever

The title suggests you are looking for a s75 claim here - you won't get it.

thenudeone

Why?
If an item is advertised by the retailer as £1000 less £50 cashback, the cashback is just as much a part of the contract as the price, therefore a breach of that terms is a breach of contract = s75 applies.

Why do you think differently?

jonesMUFCforever

You have no proof.
Anybody could say what you are saying.


And you need to follow the procedure accurately to get the refund/cashback.

chanz4

if via a cashback site, this is not guaranteed

rehanmalik3030

s75 with regards to credit cards applies to goods and services only. If the laptop is working fine you cannot claim the cash back under s75.

InsideInsurance

rehanmalik3030 wrote: »

s75 with regards to credit cards applies to goods and services only. If the laptop is working fine you cannot claim the cash back under s75.

S75 covers breach of contract. If the OP entered into a contract with the merchant to get a laptop + £50 and they only got the laptop then the contract was breached.

The first question would be if the cashback was actually part of their contract with the merchant or not. If its via a site like Quidco then it isnt and so S75 wouldnt apply.

Second question is evidence that the OP has that the contract was indeed for the two things and not just the laptop and that seems a sticking point at the moment.

The final thing will be if the OP was required to do anything to claim the cashback. Its not uncommon for manufacturers to do a £50 cashback type offer which the retailer advertises but the purchaser has to send off their receipt etc to claim it. Its not very common for a merchant to directly offer cashback themselves unless its on a finance deal

thenudeone

I have underlined the relevant point. some people seem to have missed it.

akhan39 wrote: »

at the time of the purchase the company where advertising an offer price with cashback.

If a company advertises a price for a TV with a free DVD player, but fails to provide the DVD player, that is a breach of contract and s75 would allow a claim against the card company.
An offer of cashback by the selling company is no different.

chattychappy

thenudeone wrote: »

I have underlined the relevant point. some people seem to have missed it.



If a company advertises a price for a TV with a free DVD player, but fails to provide the DVD player, that is a breach of contract and s75 would allow a claim against the card company.
An offer of cashback by the selling company is no different.

I agree, with one proviso. It is subject to the terms of the advert being incorporated into the offer that were agreed at the time of purchase.

It must be objectively clear that the OP was responding to the particular advertising offer and that the cashback was part of the deal at the point of sale.

From the OP, it seems it was: "the offer itself was just an advert on the screen at the time of the purchase".

derps

chattychappy wrote: »

I agree, with one proviso. It is subject to the terms of the advert being incorporated into the offer that were agreed at the time of purchase.

It must be objectively clear that the OP was responding to the particular advertising offer and that the cashback was part of the deal at the point of sale.

From the OP, it seems it was: "the offer itself was just an advert on the screen at the time of the purchase".

If it was just an advert and wasn't actually incorporated into the contract, I'm wondering if the OP could claim he was induced into the contract by relying on a misrepresentation (assuming the advert was from the seller). Might be worth a shot.