Section 75 - Paid for wife's treatment, Declined

cookieuk5

Hi,
I paid for Invisalign for myself and wife on my credit card. The company has now gone out of business and treatment was unfinished.
I have received notification that my treatment has been reimbursed, but my wife's hasn't. Their wording was...

"however, for Section 75 to apply the contract must be directly with yourself and therefore we have no liability for her treatment."
The only documentation we had was the original separate quotes.
Is this right?
Thanks

[Deleted User]

Yes, it's a correct interpretation of section 75.

cookieuk5

So I pay for the treatment for my wife and I am not covered?

[Deleted User]

You are covered for your treatment, but not for hers.

Tildaplum

If you had one contract (between them and you) for two treatments, then you would have been covered eg 'this contract is to treat two persons'. 
If you had one contract and your wife another then your wife's contract is not covered.

eddddy

cookieuk5 said:

So I pay for the treatment for my wife and I am not covered?

The key question is - who was the contract between, for your wife's treatment?

• If the contract was between you and the dentist, then you can potentially claim under section 75.
• If the contract was between your wife and the dentist, then you can't claim under section 75.

I think it might be hard to argue that the contract for your wife's treatment was between you and the dentist. As a starting point, was the quote for your wife's treatment addressed to you, or to your wife?

(On a related point, people sometimes say that in addition to the contract being with the cardholder, the cardholder must also receive some benefit from the goods or services. [And in this case, you received no benefit from your wife's treatment]. But there is no mention of that concept in the legislation: http://www.legislation.gov.uk/ukpga/1974/39/section/75 )

born_again

Why are they doing S75. If the company is no longer trading then it should be a chargeback. Unless it was paid for more than 540 days ago.
That would cover both amounts.

2e0arr

so if i pay for treatment for my cat an the vet goes bust i cannot get a section 75 claim success ?

Tildaplum

If you arrange the treatment, yes you can.
If, however, the cat calls the vet and arranges treatment in the cat's name, then no, even if your card is used to pay for it.

2e0arr

thank you , thats paws for throught

born_again

2e0arr said:

thank you , thats paws for throught

A chargeback is the 1st option to be used.

I wish people would stop ( I get it regularly ) I want to start a S75 claim. Ok what is the problem... I have not go my goods. Well we can do a chargeback..
Customer then says NO I want S75 claim as that what it says on the internet & what forums advise....

Ok so for S75 I require all this info from you and it could take weeks to sort out and get a refund.
Or I can start a chargeback now, which refunds you overnight. OK company can contest, but if they do we can then look at S75.
Which would you like to do..
Ah refund straight away you say
Yes.
Ah I will go for that option then. Thank you for great advice.