section 75 consumer credit act 1974

akhan39

Hi everyone,

I am seeking desperate help regarding a claim that I have started with lloyds credit card under section 75.I initially made the claim nearly 2 weeks ago and since that time I am being fobbed of from different customer service advisors and managers at the call centre.They keep putting me through to the disputes team but I specified at the beginning of the claim that I am claiming under section 75.No one sees to listen to my plea.I have now logged a complaint against the service and still waiting for a response.

Is there any steps at this stage that I can take or do I have to keep on waiting and be at the mercy of the bank?

Any advice much appreciated

Thanks:mad:

eskbanker

You need to wait while they investigate, which is likely to take somewhat more than 'nearly 2 weeks'....

Ebe_Scrooge

As above - S75 claims can take a long time to resolve.

May I ask what the nature of your claim is ? This may have a bearing on whether it falls under S75, or chargeback.

uk1

Presumably you are claiming because you were unable to resolve a dispute with a trader. All Lloyds are trying to do is to see whether the dispute can be resolved. That is perfectly reasonable.

Jeff

chattychappy

Ebe_Scrooge wrote: »

May I ask what the nature of your claim is ? This may have a bearing on whether it falls under S75, or chargeback.

Yes, that would be useful to know.

uk1 wrote: »

Presumably you are claiming because you were unable to resolve a dispute with a trader. All Lloyds are trying to do is to see whether the dispute can be resolved. That is perfectly reasonable.

Always better to resolve things in a friendly way if possible. But the law says that the cardholder is entitled to claim directly off the credit card if they wish. Ultimately if the CC is "unreasonable" or drag their heals, the OP is free to go the small claims route. The court will then dictate the timetable. Premature to do that now, but ultimately if the OP has a good case and the CC don't play ball then that's a remedy that is available.

uk1

I'm unlcear of the point of your post.

They haven't dragged their heels. There are always at least two sides to every dispute. There is no obligation to "pay on demand". The CC has a right to establish the facts. The CC is only liable if there is a liability.

The OP appears to want the cash without the "resolution" stage. That is unreasonable.

Jeff

meer53

akhan39 wrote: »

Hi everyone,

I am seeking desperate help regarding a claim that I have started with lloyds credit card under section 75.I initially made the claim nearly 2 weeks ago and since that time I am being fobbed of from different customer service advisors and managers at the call centre.They keep putting me through to the disputes team but I specified at the beginning of the claim that I am claiming under section 75.No one sees to listen to my plea.I have now logged a complaint against the service and still waiting for a response.

Is there any steps at this stage that I can take or do I have to keep on waiting and be at the mercy of the bank?

Any advice much appreciated

Thanks:mad:

The card issuer will be contacting the seller, they then have to allow the seller time to respond to their questions. It's not going to be resolved in 2 weeks. There's no set timescale so it's just a waiting game now.

akhan39

Hello to all who replied,

I have just had some news back from the section 75 team and they have for now have rejected the claim simply because the sale was made face to face and according to them I had a chance to examine the goods.Just to give you folks a quick run down i bought a games console and found out later down the line that the accessories were not the original make.I tried to return the item back but the retailers response was that the accessories did not have to be the original brand. I now feel that I have been mis-sold the item assuming that the games console came with original accessories.This in my opinion should have been mentioned at the point of sale.So given the scenario I want to know if I have a claim under the sales of goods act and whether it falls under section 75.

[Deleted User]

It depends on how the goods were described. If the accessories were not described as any given brand, I don't see you have a case.

eddddy

akhan39 wrote: »

...So given the scenario I want to know if I have a claim under the sales of goods act and whether it falls under section 75.

Section 75 specifically covers misrepresentation and breach of contract.

Regarding misrepresentation - were you given any information before you purchased (verbally or written) which was misleading?


Regarding breach of contract - every consumer contract has implied terms that the goods:
- are of satisfactory quality
- are fit for purpose
- match their description
Do you think any of the those terms were breached?


If you want to take the s75 claim further, you should specify whether you are claiming for misrepresentation or breach of contract, with details of the specific contract terms that were breached.


(Out of interest, did you tell the retailer that you wanted to return the goods for a refund? I would expect the retailer to be more accommodating than the bank.)

MEM62

akhan39 wrote: »

assuming that the games console came with original accessories

That'll be your mistake then. And not having checked you now want the CC company to foot the bill?

If you can show that they were described as being original then you have a case, if not then you haven't.