Section 75

TheBasicSheikh

Hi,

On the Post office Credit Card Section 75 form it says:

"Under each section, we!!!8217;ve listed what we need you to send us before we can look into this for you. You must get everything to us as quickly as you can no later than 90 days from the date the transaction appeared on your statement."

Im still in the process of dealing with the retailer. Am i correct that I don't need to file a claim within 90 days and there is no time limit?

NCC-1701

You can lodge it now, no need to wait. If the retailer sorts it out you can simply withdraw your S75 claim.

Willing2Learn

Hi TheBasicSheikh and welcome to the forum

There is no time limit on a s75 claim. However, if you're unhappy with the response of a s75 claim, you have up to six years to pursue the matter in court.

bris

Yes that's correct, there is no time limit for a S75 claim.

Craig1981

the couple of S75 claims i have done (two different cards), both companies confused it with a charge back claim - i think this is what they on about regarding the 90 days .
however on charge back you usually have 120 days, (i think) from date of transaction
dont worry, S75 can be done when needed

eddddy

TheBasicSheikh wrote: »

On the Post office Credit Card Section 75 form it says:

"Under each section, we've listed what we need you to send us before we can look into this for you. You must get everything to us as quickly as you can no later than 90 days from the date the transaction appeared on your statement."

Are you sure you're quoting from an s75 form?

The above looks like it's from their "Challenging A Transaction" form.
See: https://www.postoffice.co.uk/dam/jcr:64499345-ec4b-4e69-9f6b-4aeb1f1d4171/challenging-a-transaction.PDF

The info in that form is incorrect for s75 claims.

For example, it asks for:

Proof that you have tried to resolve the matter with the retailer.

... which isn't required for an s75 claim.


FWIW, section 75 makes the card company jointly liable for breach of contract. You have up to 6 years from the date of the breach to make a claim (in England/Wales).

eco_warrior

Banks will always look at a chargeback prior to a S75 claim so they don't need to pay out from their own pockets. So it usually the same forms/questions.

I wouldn't be worried

Terry_Towelling

How much did the item cost and exactly what is your dispute?

If it is a so-called consumer-protection issue, your card issuer will probably ask you to try and resolve it with the retailer first - as you are doing. If that gets you nowhere, they may be able to help you by raising a chargeback to recover the funds or they may pay you out as a S75 claim if there is no chargeback coverage but there has been a breach of contract/misrepresentation and the item cost between £100 and £30K.

So, yes, do keep pursuing the retailer, but also raise a dispute with the card issuer immediately.

chattychappy

It is not unknown for CCs to write something into T+Cs, to have procedures/processes or say stuff on the phone that is in conflict with the law/regulation. Law/regulation always prevails.