Great Hunt: Have you ever had a Section 75 claim rejected?

wealdroam

Mike7485 wrote: »

Tesco Mastercard refused a refund for £495 for a bike I purchased for my grandson (years ago). They stated they had completed their transaction correctly, and I obviously had no redress against the 3rd party payee.

How long ago was 'years ago'?

Section 75 of The Consumer Credit Act didn't come into effect until 1st July 1977.

DoaM

£495 for a bike (I'm reading as pushbike) ... highly unlikely to have been more than 40 years ago.

Agricolae

The root cause of uncertainty over whether third party payment providers prevent a successful Section 75 claim is probably down to the failure of the OFT test case around 10 years ago to clear up this point (it was asked to look at whether acquirers caused issues, not additional third parties as well).

The industry position since then has settled into something along the following lines: "If the name on your credit card transaction isn't the same as the company you bought the item from, we will reject your claim." That's a generalisation though and it's more nuanced than that.

For a big change to happen though, there would probably have to be another court case or a change in the law.

Agricolae

hollydays wrote: »

By " the authorities" who exactly are you referring to The FSA?

Apologies for double post, but I'm guessing they mean FOS. They end up looking at the claims the banks reject of course.

UK-Panda

Capital One refused to refund me although on a fraudulent transaction. Although other banks have refunded me in full plus interest. Please help!!

airhostess

I had this exact problem.

Typed my card details in to pay for a mobile phone, it wasn't as advertised and I couldn't get my money back because the seller unbeknownst to me used PayPal to process my card payment. I typed my card details in directly and didn't log into my PayPal account.

The main issue is:

As a purchaser, you are unaware a to how exactly the merchant will process your card payment, often after you've paid already. The seller is under no obligation to tell you they use sage pay, world pay or PayPal to process your purchase and you won't be covered in event of dispute.