Nationwide don't know difference between Sec 75 and Chargeback or it me?

miniphernalia

Hoping you might be able to give a little advice, I will be as brief as I can...

Spent £3500 on a debit card for a merchant to restore my classic car.


Got car back home, soon found numerous faults with finish and paint.

Took car back to merchant to put a list of things right.

Got back car in rain, day later faults still there plus new ones.

Asked Nationwide to start a ‘chargeback’, no problem they said.

Got sent form to sign, sent it back with evidence, photo’s etc.

I very quickly got a letter back rejecting it because “...[the] VISA Debit Card Chargeback policy does not cover section 75 of the CCA and therefore Nationwide cannot be held responsible...”

I asked for a call back, initially Visa Disputes at Nationwide did not want to talk to me, but they said “...Its because of the amount you spent, there is a maximum...”

I asked what it was, Nationwide said it depends, “...we would also only give you a certain amount back...”, how much I asked – “...I don’t have those figures.” What is the maximum amount then? – “I don’t have that information.”

I am at a loss as I thought the VISA card and the chargeback rules would protect me in this instance, I don’t have a credit card to use, not needed one in years.

Hope you can help,


thanks in advance

wealdroam

The chargeback schemes are not designed to compensate for poor quality workmanship.

Bluntly, you asked for work to be done... the supplier did the work... no chargeback claim.

I don't understand your sentence "...I don’t have a credit card to use, not needed one in years".
I would respectfully suggest that you do need a credit card, as this incident clearly shows.

Just to add that if you do feel your card issuer has a case to answer, then you can refer the matter to The Financial Ombudsman Service.

miniphernalia

I dont agree, on this site a debit card guide says chargeback can be used for...

Quality of item - the goods were not as described or were defective.

The paint applied is defective.

also, citizensadvice.org.uk say that if something goes wrong with a garage repair, chargeback can be used.
They also say goods that are faulty or are not of satisfactory quality can be claimed for using chargeback.

My question is that Nationwide seem not to know the difference between section 75 and chargeback

tomtontom

Quality disputes are now allowed by Visa, it was introduced this year. I don't know if there is a limit to the amount you can claim.

OP I would log a complaint with the bank.

bris

Chargeback is not a legal requirement it's a voluntary code so they can set the rules. S75 is very different as the law is on the consumers side.


With a chargeback your bank has to first recover the money from the traders bank to give you it back, no recovery no refund. With S75 they are equally liable so must pay you regardless of whether they recover it from the trader or not.


You can't always rely on what the CAB tell you because in theory it's fine, it's in practice where it goes wrong and doesn't always work.


It's you who doesn't seem to know the difference.

arcon5

They may be allowed - doesn't mean it will be successful. The bank will send the claim to the sellers merchant bank who will then give the seller an opportunity to defend it. The retailers bank will then make the decision as to whether to allow the chargeback or not.

I doubt this would be successful. It's just a scheme to try recover money, it's not a compensation scheme!

wealdroam

miniphernalia wrote: »

My question is that Nationwide seem not to know the difference between section 75 and chargeback

Is that a question?

I'm inclined to agree with Bris when he says:

bris wrote: »

It's you who doesn't seem to know the difference.

Miniphernalia, what differences between Chargeback and S75 do you believe exist that Nationwide are denying?

miniphernalia

[FONT=&quot]I have made it clear to Nationwide and here that I am making a chargeback claim and not a claim with Sect 75, but Nationwide keep quoting section 75 when they and I know I used a Debit card, I know what I used and I know from the guide on this website, there is not upper limit on a chargeback but there is on a Sect 75 claim. The guides on here are clear as they are elsewhere, I know that my claim can be rejected but I want to either approved or rejected without incorrect reference to Sect. 75 when the two are clearly different.

What is chargeback?

Chargeback is a little known scheme which gives you a chance of getting your money back from your bank if you bought faulty goods, a service wasn't provided, or the company you bought something from went bust and your goods weren't delivered.
It works in a similar way to section 75 which is a legal protection if you buy something on a credit card making the credit provider jointly liable with the retailer if things go wrong. But while Section 75 only works for credit card purchases over £100, and other credit agreements, chargeback works on all the cards
Key differences between chargeback and Section 75:


[/FONT][FONT=&quot]Chargeback Section 75 Do banks legally have a responsibility? Does it apply to all consumer rights? No, it's more for when goods don’t arrive or are faulty, rather than future issues Is it free of time restrictions? Within 120 days of purchase or expected service provision date How much can be claimed? No limit (min £10 for Mastercard)Between £100 and £30,000 Can you appeal to the Financial Ombudsman if unsuccessful? [/FONT]

wealdroam

miniphernalia wrote: »

Can you appeal to the Financial Ombudsman if unsuccessful?

Yes you can... as I said earlier.

miniphernalia

Paul Lewis emailed me back after I emailed him the same info,

"There are no limits on chargeback and s.75 irrelevant"

His guide he sent me was very useful and seems to suggest that Nationwide can get my money back with the evidence I provided directly from Visa even if the Merchants back refuses.

wealdroam

Who is this Paul Lewis?