Claiming under Sect 75 of the Consumer Credit Act

Kookygirl

Hello,

I have a Tesco Clubcard credit card (MasterCard), in June I paid a deposit of over £2000 on my credit card for replacement windows. I won't go into the problems, but there have been a catalogue of errors since then with the window firm which culminated in me telling them that I want my deposit refunded in full. I am waiting to hear back from them.

In case they come back with an answer that I am not satisfied with, I called Tesco today to put Plan B in place and requested a claim form under Sect 75 of the CCA (only to be used if the retailer does not agree to a full refund). I explained all the issues and they agreed that based on the issues I have experienced that I have done the right thing in requesting a full refund, and that if the retailer does not agree to provide one they would look to doing a 'Chargeback'.

They explained that in this situation, the full amount would be refunded to my card almost immediately and that the merchant bank has 45 days to dispute this. If this were to happen I may have to provide additional documentation to prove the errors that were made by the window firm and that I may have to get an independent report.

But it also seemed to me very clear that Tesco were avoiding going down the Sect 75 route as whenever I asked a question about it, the representative would dodge it and bring us back to the chargeback option. I do not know why as I am not sufficiently clued up on the differences, except that under 75 Tesco is jointly responsible.

I would be grateful for any advice from those in the know as to what route is better, chargeback or Sect 75? This is obviously all hypothetical at this stage as if I am lucky, the retailer will do the right thing and give a full refund, however I want to be ready to take alternative action swiftly if need be, as the replacement windows has become an urgent issue.

Many thanks in advance

bris

S75 is liable the same way the retailer is that's true. But the problem you have is if they are actually liable at all. You first need to prove a breach of contract, if the window company dispute they are in breach then S75 won't help until you do. S75 is not just a give me my money back guarantee, if the company dispute it with valid reasons to the CC they will refuse the claim.

grumbler

Kookygirl wrote: »

But it also seemed to me very clear that Tesco were avoiding going down the Sect 75 route as whenever I asked a question about it, the representative would dodge it and bring us back to the chargeback option. I do not know why as I am not sufficiently clued up on the differences, except that under 75 Tesco is jointly responsible.

It's obvious.
Under chargeback they take money from the company's bank (ultimately from the company unless it went bust).
Under s75 they pay from their own pocket.

Chargeback is simpler for both you and Tesco, so leave s75 as the last resort.

MSE articles:

• Visa, Mastercard & Amex Chargeback
• Section 75 refunds

bris wrote: »

... S75 is not just a give me my money back guarantee, if the company dispute it with valid reasons to the CC they will refuse the claim.

S75 is between the CC and the customer.
If the CC pays to the customer and then wants to claim money from the company later, it's their business that the customer has nothing to do with.

Kookygirl

Thank you, I wasn't sure if the chargeback route failed, whether I could still go down the S75 route, but it sounds like I can. Hopefully it won't come to that though.