Section 75 Tesco credit card

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This discussion was created from comments split from: section 75.

Hughie2010

Hi All
This is my first time so hope I’m doing this right.
I booked a family holiday to Lanzarote on 17th June 2019.

My holiday was booked through a Travel Agent with Thomas Cook Holidays, when they went bust I was offered a refund or to rebook, I decided to rebook with them to Tenerife with Jet2 Holidays.
Now with what’s happened, I was told I would receive a refund from my Travel Agent but would have to wait 15 weeks for it, so after waiting 6 weeks I was advised to make a claim under section 75 so I  made a claim to Tesco Credit Card & all was going well until I told them that I had paid my £5,000 holiday deposit with my Barclaycard.
Now Tesco are demanding that I get a letter from Barclaycard to state that I’m not making a claim from them as well ( Which is only right ) but I explained to Tesco that I no longer have a relationship with them or use Barclaycard, & have sent them all documents from my Barclaycard since I opened my account as proof, I only used it to pay my £5,000 holiday deposit as it was on a 12 month 0% deal.
I am having difficulty in getting any information from Barclaycard but all Tesco say is tough luck.  ( I have attached my last email from Tesco below )

Is it up to me to chase up Barclaycard
I paid £5,000 deposit with Barclaycard
I paid £1,850 by my Tesco Credit Card
I Paid £1,500 by Bank Transfer

Hi Mr Johnson,

It is a requirement under Section 75 that you evidence you have not contacted Barclaycard to raise an identical claim as if you had contacted them this could potentially lead to you having two pay outs for your claim and put you at a financial advantage. Until we receive confirmation from Barclaycard that you have not raised a like for like claim we will be unable to progress your claim.
Tesco Credit Card.

Any advice would be much appreciated 
Thank you.

eddddy

Hughie2010 said:

It is a requirement under Section 75 that you evidence you have not contacted Barclaycard to raise an identical claim as if you had contacted them this could potentially lead to you having two pay outs for your claim and put you at a financial advantage.

• There is nothing in the Section 75 of the Consumer Credit Act saying you have to provide a letter from Barclaycard
• And there is no legislation saying that Barclaycard must provide you with the letter described
• But you would be committing fraud (a criminal offence) if you tried to claim the same damages from two different credit card companies

But just to simplify things, have you asked Barclaycard for a letter? If you do, you probably need to say to Barclaycard that you are not currently making a claim against them under s75 of the CCA, but you are reserving your right to do so in the future.

If you can't get anywhere with Barclaycard, I'd be tempted to say something like this to Tesco:

"Unfortunately, I have been unable to get the letter you requested from Barclaycard. However, I cannot see any requirement in s75 of the Consumer Credit Act for Barclaycard to provide me with a letter, or for me to provide you with such a letter. If you disagree, please let me know which clause of s75 of the Consumer Credit Act you are relying on.

However, I am happy to provide the evidence you require by way of the following statement: I hereby confirm that I have not raised an identical claim with Barclaycard, and I will not raise any claim in the future against anyone which is unlawful, fraudulent  or dishonest.

Therefore, I cannot see any basis in s75 of the Consumer Credit Act for you to deny your Joint and Several liability for this claim. If you disagree and believe you have grounds for denying this claim, please let me know which clause of s75 of the Consumer Credit Act you are relying on.

I appreciate that you might have internal policies that might require a letter from Barclaycard, but your internal policies do not override UK legislation."


Edit to add...

For reference, here's the legislation: http://www.legislation.gov.uk/ukpga/1974/39/section/75

[Deleted User]

There is no legal requirement and I would actually consider that reply to be misleading. 
I would just say that you are not currently pursuing a claim against Barclays but you reserve the right to do so.

For future reference, try to use the same credit card for all instalments as then you can chargeback or S75. They are usually more cooperative with charge-backs as they don't take the hit.

born_again

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

[Deleted User]

born_again said:

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

This is factually incorrect. 
You really shouldn't dish out advice. 

born_again

dahj said:

born_again said:

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

This is factually incorrect. 
You really shouldn't dish out advice. 

In what respect?
If you are saying something is incorrect. At least post what you feel is correct.

[Deleted User]

born_again said:

dahj said:

born_again said:

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

This is factually incorrect. 
You really shouldn't dish out advice. 

In what respect?
If you are saying something is incorrect. At least post what you feel is correct.

Barclays Bank and Tesco Bank are both are jointly and severally liable.
There is no hierarchy that you suggest.
Nor is the OP required to prove anything to the other bank,

born_again

dahj said:

born_again said:

dahj said:

born_again said:

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

This is factually incorrect. 
You really shouldn't dish out advice. 

In what respect?
If you are saying something is incorrect. At least post what you feel is correct.

Barclays Bank and Tesco Bank are both are jointly and severally liable.
There is no hierarchy that you suggest.
Nor is the OP required to prove anything to the other bank,

Parties can ask you to go and claim the amount paid via the other company. It is standard practise. Why should Tesco pay out for Barclays liability.
They also have a duty to ensure that no fraud is committed. 

digalumps

It is completely up to the OP if they go for for Barclaycard,  Tesco or the Merchant- all are equally liable.

choose one and pursue that claim there is no requirement to produce letters or anything like that.

If they start messing you around raise a complaint and in the event you get a Deadlock letter complain to the FOS

[Deleted User]

born_again said:

dahj said:

born_again said:

dahj said:

born_again said:

Given you paid Barclaycard 1st. Place your claim against them and get the letter from Tesco stating you will not claim against them.
The reason they want it is obvious, and they can hold out till you get one. I would think that even FOS would back this up. Often you will find that each card holder will deal with their little bit and tell you to go to your other card providers.
As S75 is in reality a refund from the card provider. It is simply not worth the cost to go to court to claim it back.

TBH. Tesco should just be doing a chargeback on their amount. Nice to see yet another travel agent failing to refund a customer when as they were told they should. But I guess  they feel that banks can stand the loss more than they can.

Why no ATOL claim if it was a package holiday?

This is factually incorrect. 
You really shouldn't dish out advice. 

In what respect?
If you are saying something is incorrect. At least post what you feel is correct.

Barclays Bank and Tesco Bank are both are jointly and severally liable.
There is no hierarchy that you suggest.
Nor is the OP required to prove anything to the other bank,

Parties can ask you to go and claim the amount paid via the other company. It is standard practise. Why should Tesco pay out for Barclays liability.
They also have a duty to ensure that no fraud is committed. 

I can ask Lady Gaga for date, doesn't mean she is obligated to do it.
You should really check what jointly and severally liable means - it will help you understand...