Section 75 claim

naedanger

jot80 wrote: »

Thanks.

I've been speaking to a friend who works at a different bank in section 75 claims dpt. She's said they've not raised if under S75 despite my request but they've done a chargeback under MasterCard and Visa rules. Clearly to limit the risk on them losing money.

So a call to the complaints team on the cards for tomorrow to check and complain if her opinion is correct, which I'm sure it is!

Yes, if the bank have just treated your complaint as a chargeback then the retailer would be permitted to pursue you directly.

I agree you need to speak to the bank and make clear you are holding them jointly liable and making a section 75 claim against them.

jonesMUFCforever

I can see the bathroom company 's point of view.
They have supplied and installed a bathroom but the OP has had all of his money back?
Whether the refund has been achieved as a chargeback or a S75 refund I would be on the phone to my solicitors too.

Bull in a china shop springs to mind but what do I know?

[Deleted User]

jonesMUFCforever wrote: »

They have supplied and installed a bathroom but the OP has had all of his money back?

No, the OP says he has made a Section 75 claim on a disputed amount. He hasn't had a full refund, nor is he seeking one.

jonesMUFCforever

Moneyineptitude wrote: »

No, the OP says he has made a Section 75 claim on a disputed amount. He hasn't had a full refund, nor is he seeking one.

Post 6 last paragraph states a chargeback has been made.
As far as I am aware a chargeback is all or nothing but I agree it is not very clear if the whole amount has been refunded.

Agricolae

jonesMUFCforever wrote: »

Post 6 last paragraph states a chargeback has been made.
As far as I am aware a chargeback is all or nothing but I agree it is not very clear if the whole amount has been refunded.

Pro-rata chargebacks are possible under a variety of agreed "reason codes". One example could be where you paid £150 for 10 widgets costing £15 each, and you only received 8 widgets. The chargeback would be for the portion you did not receive - so £30.

If you're interested the Visa Chargeback rules can be found here. You'll need to start at page 607. :rotfl:

bris

naedanger wrote: »

2) If you win then wait to see what the retailer sues you for. (I cannot see what that would be. You paid them in full. You did not make a chargeback against them. Their bank may have, in which case they should sue their bank if they think the chargeback was wrong.)

How on earth do you work that one out. The bank didn't just say hey guys lets do a charge back on this random transaction.


The OP initiated it so he gets the money back not the bank, he then becomes liable as he started it and gets the refund.

naedanger

bris wrote: »

How on earth do you work that one out. The bank didn't just say hey guys lets do a charge back on this random transaction.


The OP initiated it so he gets the money back not the bank, he then becomes liable as he started it and gets the refund.

The statement you are quoting was made in the context of a section 75 claim (as my full post makes clear). The thread has moved on since then and it seems we are not dealing with a section 75 claim.

If the bank has just treated the OP's complaint as a normal chargeback (that has effectively just reversed the original payment) then I agree (as I said in post 12) that the supplier would be legally entitled to pursue the OP directly for their payment.

jot80

To update...It has been confirmed that a chargeback was made - and to clarify, for the disputed amount only, not the full amount.

My card company shared the details with the retailers bank who, as I've been told, would have proposed the case to the retailer simply giving them the opportunity to either reject or accept. The decision should simply be on this basis. So I would presume and expect them to just reject it in which case unclear really why the letter was sent (other than as a threat). If they accept the chargeback I have been advised, given they have opportunity to reject it, they would be liable.

naedanger

jot80 wrote: »

To update...It has been confirmed that a chargeback was made - and to clarify, for the disputed amount only, not the full amount.

My card company shared the details with the retailers bank who, as I've been told, would have proposed the case to the retailer simply giving them the opportunity to either reject or accept. The decision should simply be on this basis. So I would presume and expect them to just reject it in which case unclear really why the letter was sent (other than as a threat). If they accept the chargeback I have been advised, given they have opportunity to reject it, they would be liable.

If the retailer rejects the chargeback then presumably you will go back to your bank and remake your section 75 complaint.

It may be that the retailer threatened legal action against you because they were unaware that they would get an opportunity to reject the chargeback. However if they do start legal action I would demand that your bank either agrees (1) to indemnify you should you lose the legal action or (2) reverses the chargeback and treats your original complaint as a section 75 complaint as originally requested.

jot80

Thanks naedanger for your suggestions, that's exactly the conversation I was having with my bank yesterday. It's now a waiting game in regards to the response to the chargeback and then knowing what the next step will be!