Section 75 pitfalls

Andy_Leigh

Bought a kitchen from Wren using Amex card - Kitchen is diabolical and want it removed and refunded for a variety of reasons - but after going down the Furniture Ombudsman route, contacting Which Legal and Citizens Advice advised to claim under Section 75 of the Consumer Credit Act would be our best course.

Contacted Amex to find out that the payment had been processed by Wren through a third party payment business,as do most businesses, but they used WorldPay which means we're not actually covered under Section 75 of the Consumer Credit Act so Amex aren't liable!! Next route is to complain to the Financial Ombudsman but not holding my breath!!

If this fails then the next stage will be to take the case to court although we've been advised this can be expensive so are pursuing whether or not we have our legal costs covered by the house insurance Legal Cover.

What a minefield and eye opener that when you pay by credit card you're NOT automatically covered by the Consumer Credit Act!! Any advice on a way forward would be gratefully received!

bris

Woldpay should be covered by S75 as they are a direct line to Wren and nothing to do with you.


Paypal is different because we have accounts with them that we pay to Paypal and paypal pay to the merchant so there is 3rd party intervention.


The financial ombudsman may very well be on your side as it should be seen as a blatant attempt to deny consumer rights.


If they are to be believed no merchant would cover S75 because the merchant is always the middleman. When you buy by card the merchant gets the funds, deducts there fee and pays the retailer, why should Worldpay be any different to the rest.

waamo

This article may be of interest https://www.moneysavingexpert.com/news/2017/04/revealed-section-75-credit-card-protection-may-fail-due-to-payment-processing-loophole---shoppers-beware/

Worldpay state they consider Section 75 would normally apply.

unholyangel

If they were only acting as a merchant acquirer then the chain (debtor > creditor > supplier) required for a s75 claim remains intact.


Did your issuing bank actually take your claim details, consider it (usually takes a few weeks) and issue an official response rejecting or was it just informally over the phone?