Section 75

boj987

Hi all

We got notification our wedding venue has gone into liquidation.

We paid £2250 on debit card initially as a deposit and then have paid about £250 on credit card to the same company about 2 months later for hotel reservations.

Are we still able to claim back under section 75?

Any advice would be greatly received.

Thanks

eskbanker

Do the £2250 and the £250 clearly count as part of the same purchase, e.g. are they listed together on a single quotation/invoice, etc? If so, it sounds reasonably cut and dried based on what you outline, but if they're separate purchases (albeit from the same company) then it seems less likely a CC company would take on the purchase made by debit card, although chargeback may still be an option for that one....

Aquamania

Boj987 wrote: »

Hi all

We got notification our wedding venue has gone into liquidation.

We paid £2250 on debit card initially as a deposit and then have paid about £250 on credit card to the same company about 2 months later for hotel reservations.

Are we still able to claim back under section 75?

Any advice would be greatly received.

Thanks

Oh dear, I am so sorry to hear that, but welcome to MSE :hello:

Can I ask which hotel it is that has gone into liquidation?

If the business is in liquidation, have you spoken to the liquidator? How do you know there will not be the funds to pay you back? (Or maybe whoever buys the hotel will take over the bookings as part of the purchase agreement?)

Why did you not reserve your rooms when you made the wedding reservation? (by waiting, there may have been a chance they had no rooms left)

What hotel was this that actually took a deposit for room reservation? Most hotels I know of do not actually take any deposit (although more do now want the credit card details to hold on file)

It's only the budget hotels like Premier Inn, Ebis, etc that I find actually take money up front (and then sometimes only on arrival)
I presume it wasn't a budget hotel you were planning your wedding at...

I hope you come back, as you seem to have raised more questions than you originally posed.

Any chance of posting clear images (with personal details removed) of the contracts you entered into please. That may help us better understand the exact situation and advise you better.

boj987

it was Danby Castle Ltd. they owned the milburn arms in danby also and this is the hotel.


they have no assests (£1000) and £600 in the bank and owe £12000 to various companies so there is no chance getting anything back from the liquidators.


they have started up a new company and said they will honour the wedding but we can't take the risk.


the owner said she would create a new invoice for us showing both but now has gone back on that as we have cancelled the wedding.


the milburn arms took a deposit from us to hold all the rooms and the rest was payable nearer the time


im away for a few days with work so wont have chance to get any pictures (the fianc! was dealing with most of this) so any advice would be greatly appreciated.


thanks

bris

A separate purchase will not entitle you to claim on the deposit. I fear that if it was the same transaction then the deposit would have also covered the rooms. You would have the protection for the rooms only.


You can try and claim it all but tbh it would take some convincing for them to agree it was all one transaction.

gik

You will struggle as YOU cancelled.

gik

Two different 'OP's'...Boj987 and boj987?

[Deleted User]

gik wrote: »

Two different 'OP's'...Boj987 and boj987?

Good spot. And one starts sentences with a capital letter and the other doesn't.

boj987

Apparently originally it didn't register my username.

How would you feel if someone had gone into liquidation and lost ALL their deposits for 2015 & 2016 and still said they were going to honour your wedding. Most probably at a loss to maintain relationships with no cash in the bank.

Just after some advice not a hard time. Have we got a case? Two invoices from the same company, first paid with debit, second with credit. That's all

boj987

Deleted_User wrote: »

Good spot. And one starts sentences with a capital letter and the other doesn't.

Good spot but I never start sentences with 'And'

eskbanker

boj987 wrote: »

Have we got a case? Two invoices from the same company, first paid with debit, second with credit. That's all

My view on this is that if the company with whom you entered into a contract is in liquidation then this means that they are no longer able to supply what you paid for - the fact that another company may now be able to do so in the same location shouldn't enter into it.

I believe that you should be able to initiate a chargeback for the £2250 deposit paid by debit card.

Section 75 would only come into play for the credit card payment, given that it's a separate transaction.

In both cases you ought to be able to claim for non-delivery of services if you make it clear to your card providers that your contracts were with a company that is now in liquidation.

Worth familiarising with Section 75 and chargeback processes and associated rules/constraints, the MSE pieces at http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases and http://www.moneysavingexpert.com/shopping/visa-mastercard-chargeback are a reasonable starting place....