Section 75 protection denied for Laura Ashley purchases on Laura Ashley MasterCard

Life__Goes__On

Witchcris said:

I have been advised by Newday that Section 75 claims do not apply to goods bought as gifts, is this correct? Seems like Section 75 doesn't really offer much protection after all!

You need to fully explain the scenario.

harsh_but_fair

Newday are telling you such a load of rubbish words fail me well almost anyway because clearly these are words...

 I would tell newday in no uncertain terms that you want a refund under section 75 or you will not only make a complaint but you will not hesitate to escalate it to the FOS should they not find in your favour

adamp87

harsh_but_fair said:

Newday are telling you such a load of rubbish words fail me well almost anyway because clearly these are words...

 I would tell newday in no uncertain terms that you want a refund under section 75 or you will not only make a complaint but you will not hesitate to escalate it to the FOS should they not find in your favour

If they are saying the rubbish too I’d be tempted to complain anyway, clearly trying to avoid doing it for you

born_again

ashger said:

Thanks @penners324 but we have recently been advised we won't receive our goods...do you know if that means we will be able to claim on S75? When I spoke with them this morning I was advised that because it's a Laura Ashley card, and it's in liquidation there may be different rules that apply and therefore we may not get our money back😱😱😱

You do not need S75 for non receipt of goods. It is a simple chargeback.

born_again

Witchcris said:

I have been advised by Newday that Section 75 claims do not apply to goods bought as gifts, is this correct? Seems like Section 75 doesn't really offer much protection after all!

You do not need S75 for non receipt of goods. It is a simple chargeback. In which case the fact it is a gift makes no difference.

eddddy

FWIW, there is no exclusion in the section 75 legislation relating to gifts.

What the CC company might be referring to is if you pay for goods on behalf of somebody else.

• e.g. If Peter orders a sofa online (specifying Peter as the customer), but Emma provides her card details to pay for the sofa - that might be a problem for s75

• But if Peter orders a sofa online (specifying Peter as the customer) and Peter provides his card details to pay for the sofa - that won't be a problem for s75 - even if Peter then gives the sofa as a gift to somebody else

 

Witchcris

Thanks for replying. I bought a secondhand car as a gift for my daughter and her partner and paid with my credit card. The car was unfit to drive after it broke down three weeks after purchase and the dealers have refused a refund and no longer answer our calls. I put in a section 75 claim and after 8 weeks Newday informed me that I could not claim as the car was a gift.
Hope this helps.

Life__Goes__On

Witchcris said:

Thanks for replying. I bought a secondhand car as a gift for my daughter and her partner and paid with my credit card. The car was unfit to drive after it broke down three weeks after purchase and the dealers have refused a refund and no longer answer our calls. I put in a section 75 claim and after 8 weeks Newday informed me that I could not claim as the car was a gift.
Hope this helps.

Did you tell Newday it was a gift?

penners324

Newday are talking nonsense. Raise a complaint then escalate to the FOS

eddddy

Witchcris said:

Thanks for replying. I bought a secondhand car as a gift for my daughter and her partner and paid with my credit card. The car was unfit to drive after it broke down three weeks after purchase and the dealers have refused a refund and no longer answer our calls. I put in a section 75 claim and after 8 weeks Newday informed me that I could not claim as the car was a gift.
Hope this helps.

Were you definitely the buyer? Was your name on the invoice / receipt / contract from the car seller?  If so, you should have s75 cover.

But if your daughter was the buyer - i.e. her name was on the invoice / receipt / contract from the seller - but you paid, you wouldn't have s75 cover.