Section 75 dispute advice needed

eskbanker

This does raise an interesting issue about the permanence of refunds - my understanding is that chargeback refunds are essentially temporary, pending resolution of discussions with the merchant over 45 days, whereas a s75 refund should be regarded as permanent, in that if the card company accepts liability to the cardholder then the matter is closed, regardless of subsequent debate between card company and merchant.

So, if a cardholder submits a s75 claim and ultimately receives a refund without any indication that the card company has chosen to pursue a chargeback, then I think the cardholder is entirely justified in seeing the refund as permanent.

OP - did FOS assess the issue on the basis of it being a chargeback claim or a s75 one? If it was regarded as the former then presumably the option of starting again with another s75 claim is still on the table, but if it was the latter then the card company shouldn't have had the right to rescind the refund....

eco_warrior

eskbanker wrote: »

This does raise an interesting issue about the permanence of refunds - my understanding is that chargeback refunds are essentially temporary, pending resolution of discussions with the merchant over 45 days, whereas a s75 refund should be regarded as permanent, in that if the card company accepts liability to the cardholder then the matter is closed, regardless of subsequent debate between card company and merchant.

So, if a cardholder submits a s75 claim and ultimately receives a refund without any indication that the card company has chosen to pursue a chargeback, then I think the cardholder is entirely justified in seeing the refund as permanent.

OP - did FOS assess the issue on the basis of it being a chargeback claim or a s75 one? If it was regarded as the former then presumably the option of starting again with another s75 claim is still on the table, but if it was the latter then the card company shouldn't have had the right to rescind the refund....

45 days in the bare minimum (30 for Visa). Claims that go the full distance can be 6 months or more.

I agree re S75, you’d only expect a refund once a claim was upheld.

The op has had a chargeback but isn’t giving the full story (it hasn’t been given it by his bank).