Section 75 or financial ombudsman

chanz4

were they custom made?

molerat

chanz4 wrote: »

were they custom made?

What does that have to do with the items not conforming to contract ?

chattychappy

molerat wrote: »

I disagree with the other's view on s75. If the grandmother purchased the items using her name, delivered to her address and paid with her card then she is the customer and has s75 rights as the breach of contract is with her. s75 would not apply if she is the second holder of the card as the cardholder would not have use of the items. If I buy my dog a £101 dog collar or my wife a £101 watch does it mean I do not have s75 rights ?

I agree with this analysis.

The key thing is that the person who made the purchase must be the person who is the main cardholder*. If the OP bought the dresses (ie her name on the order), but used Grandmother's card, then no S75. If Grandmother was name on order, then S75 applies.

(* I would say you are also covered if person A makes a purchase for which person B pays using an additional card where person A is the primary cardholder.)

People often talk about "gifts aren't covered because you don't receive a benefit" but are never able to cite a basis for this exception except a rather odd paragraph on MSE.

gemmylouise

Update ... just got the money back plus £100 compensation from the bank

chattychappy

Very well done!

And always nice when somebody comes back with the outcome.