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Credit Card Protection

I have finally decided to join MSE so here is my first post.


I purchased a caravan last week on my credit card. It was paid for over the telephone from a company after I found the item I wanted on their website.


The credit card is in my name but I am an additional card holder to my Husband.


The caravan has not been delivered. Seller is not returning my calls/emails - the last phone call we had he said 'no refunds allowed'. I have no T&C/returns policy from him and nothing on the website.


Where do I stand with a s.75 claim? I have sent an email and letter to the Seller trying to resolve it amicably but no response....


I have also sent a letter to my credit card company but am now wondering who exactly should be making the claim - me? or my husband?


Do I even have a claim as an additional card holder?


The order was made in my name, to be delivered to me and paid for on my card, for the value of £5000. But as I say my Husband is the main holder.


The caravan was for me and my Husband to use.


I hope someone can assist.
«13

Comments

  • InsideInsurance
    InsideInsurance Posts: 22,460 Forumite
    10,000 Posts Combo Breaker
    Is this a company or a private individual?

    Did you pay them directly with the card or via PayPal etc?

    How quickly do you expect them to deliver the caravan? I ordered some inks for my printer last week from Amazon which I havent received yet and I imagine shipping a caravan is damned sight more complex than a packet of cartridges.

    In the first instance I'd look at a chargeback on the basis the merchant is refusing to cancel the order but you still havent received the goods.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I fear that Section 75 of The Consumer Credit Act may not cover you.

    This is because an additional cardholder made the purchase.

    The Financial Ombudsman has published a case study on this.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    wealdroam wrote: »
    I fear that Section 75 of The Consumer Credit Act may not cover you.

    This is because an additional cardholder made the purchase.

    The Financial Ombudsman has published a case study on this.
    But you will also notice from the OP that it is for both of them giving the card holder direct benefit from it, so it is covered.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bris wrote: »
    But you will also notice from the OP that it is for both of them giving the card holder direct benefit from it, so it is covered.

    Yes, I did see that thank you. That was one of the reasons I chose to use the word may in my response.

    Perhaps I should've said: "your card issuer may reject a section 75 claim because an additional cardholder made the purchase".
  • saveruk_2
    saveruk_2 Posts: 35 Forumite
    It was purchased direct from a company, no PayPal.

    I appreciate your comments about your ink purchase but we arranged for delivery to be last Thursday - it never turned up.

    Since that, my phone calls & emails have been ignored - no idea when/if delivery is going to happen (we wanted the caravan for the Easter break which the company said no problem at all).

    All I've had is a text message from a number that does not call out saying 'no refunds allowed'.

    Either way, we want to cancel this order now (and have done via email and letter) but have been told no refunds.

    I am confused about my position as an additional card holder.

    I have read about the lady who bought the land in her sole name...

    On the other hand, my husband was clearly going to benefit from the caravan - is that enough?

    What would you say my chances are?

    If I'm Unsuccessful, then what? Ombudsman? Court?

    Sorry for all the questions but this is keeping me awake at night
  • saveruk_2
    saveruk_2 Posts: 35 Forumite
    Is this a company or a private individual?

    Did you pay them directly with the card or via PayPal etc?

    How quickly do you expect them to deliver the caravan? I ordered some inks for my printer last week from Amazon which I havent received yet and I imagine shipping a caravan is damned sight more complex than a packet of cartridges.

    In the first instance I'd look at a chargeback on the basis the merchant is refusing to cancel the order but you still havent received the goods.

    Sorry - a 'chargeback'? Is that s.75?
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    No, read this.

    Chargeback guide
  • saveruk_2
    saveruk_2 Posts: 35 Forumite
    Not sure if this is relevant but we've not had a receipt/order confirmation or any other paperwork.
  • saveruk_2
    saveruk_2 Posts: 35 Forumite
    agrinnall wrote: »
    No, read this.

    ]Chargeback guide[/URL]

    The comparison chart says chargeback only covers credit card purchases under £100? If over, use s.75?

    Does anyone know who I can turn to for the answer - am I covered as an additional cardholder for a purchase I made on my card for the benefit of both myself and my spouse, the main cardholder?

    Thanks
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Speak to the card issuer re if your covered.
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