S75 Question

shotgun12

Hi All,

I have had reason to make a chargeback request regarding faulty goods. When contscted the trader point blank refused to discuss it.
Goods were paid for at traders premises using my credit card on a chip and pin terminal.

My card issuer has advised me that they cannot refund the payment and that section 75 does not apply because I paid using chip and pin. They also stated that if I had paid mail order or over the internet that S75 would apply.

This sounds odd to me. Has there been an amendment I don't know about? Surely this is still a credit sale, while I accepted the goods at the time it developed a fault with a week rendering it unusable.

At the moment both trader and bank are claiming "tough"
Can anybody shed any light on this chip and pin business ?

cheers
Andy

McKneff

What was the item and how much are we talking about please

bigadaj

More details would be good, who was the trader and who is your card with.

Sounds like they dont know what they are talking about, raise it as a formal complaint with your credit card provider.

chattychappy

S75 does apply subject to the usual provisos. (Item value over £100, purchase made by the main cardholder, payment not made on behalf of seomeone else.)

I wonder if they are saying they can't (or won't) do a chargeback because the PIN was used.

In any case, there is a difference between chargeback/S75. Chargeback is a scheme operated by the networks to recover money through the network. It operates worldwide. Although it doesn't give you any extra rights, the FOS has said that given the existance of the scheme, it would be unfair for a CC not to use it where appropriate to assist a cardholder. S75 is a consumer right (in S75 Consumer Credit Act 1974). It makes the CC jointly and liable for breach of contract or misrepresentation. This means they might have to pay out even if they cannot recover through the network. For this reason, it can be a struggle to get a CC to pay out on a claim - they usually require expert reports etc. Sometimes reasonably, sometimes unreasonably. I'm sure many potential claimants are put off at this stage. Ultimately you can sue them if you wish (or go to the FOS) if they don't pay out under S75. Also a s75 claim can be for more than the amount of the original transaction.

If the claim qualifies under S75, then that would be the basis of my demand on the CC. But that doesn't stop them recovering under chargeback if they are able to.

MEM62

I believe that S75 requires a breech of contract. Has there been any?

You received the goods because you bought them in person. That then leaves the fault. What good are we talking about? Were they new or used? What is the problem with them? Were the goods under any kind of warranty?

bris

Chip and pin is not an excuse to deny a S75 claim, but there needs to be more details.

jonesMUFCforever

bris wrote: »

Chip and pin is not an excuse to deny a S75 claim, but there needs to be more details.

It makes no odds how the transaction was made as long as there was no break in the creditor/ debtor relationship.

bris

jonesMUFCforever wrote: »

It makes no odds how the transaction was made as long as there was no break in the creditor/ debtor relationship.

I know, what part of my post confuses you into thinking it says anything other than that.