Section 75 - Barclaycard

torchiemuir

Can anyone help please?
I booked a holiday to go away in May just gone which was obviously cancelled.
The holiday company are refusing to re-book flights until they receive the refund themselves from the airline even though the holiday has been paid in full and you are able to re-book holidays for the time I want to rearrange for directly on their site. They keep on advising that they will get someone to call me to discuss/resolve but it never happens.
I've contacted Barclaycard as I made some of the payments on my credit card. I was of the understanding that even if some of the payment had been made by credit card that you would be covered for the full amount under Section 75, however Barclaycard are advising they can only try to claim the value that was paid by credit card? This is he answer I've received: 

Thanks for your message.

As per section 75 of the consumer credit act, if you have paid for a deposit in the beginning and later the merchant will charge your Barclaycard again, then you are covered for the entire amount, however if that is not the case and if you have paid the amount using your Barclaycard, and remaining through any other more, Barclaycard would be able to help for the transaction charge for the holiday that was done using Barclaycard only. Its not possible for Barclaycard to dispute the amount which has not been paid by Barclaycard. For that you would need to contact the merchant to get the clarity if it was paid using any other means apart from Barclaycard. We can only chargeback the amount which has been charged using the Barclaycard for the booking.

The entire charge has to be using Barclaycard for the booking , only then its possible to dispute the entire booking charge, otherwise only the amount which has been charged in Barclaycard.

Is this right?

withaspritz

Barclaycard are wrong. the words like and severally in the act means equal in value to the supplier (i.e. for the whole cost):

Section 75 of the Consumer Credit Act 1974
75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.



Fortunately you have the right to escalate to the ombudsman (FOS) so if that is Barclaycard's final position ask for a deadlock letter and go to the FOS.

EmpressBlandings

I would challenge it on the basis that it's not in English. (unless you've mis-typed it?)

torchiemuir

EmpressBlandings said:

I would challenge it on the basis that it's not in English. (unless you've mis-typed it?)

Lol! No I copied it and pasted directly from my message from them

torchiemuir

withaspritz said:

Barclaycard are wrong. the words like and severally in the act means equal in value to the supplier (i.e. for the whole cost):

Section 75 of the Consumer Credit Act 1974
75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.



Fortunately you have the right to escalate to the ombudsman (FOS) so if that is Barclaycard's final position ask for a deadlock letter and go to the FOS.

Thank you for the advice, I'll go back to them now

Life__Goes__On

torchiemuir said:

Can anyone help please?
I booked a holiday to go away in May just gone which was obviously cancelled.
The holiday company are refusing to re-book flights until they receive the refund themselves from the airline even though the holiday has been paid in full and you are able to re-book holidays for the time I want to rearrange for directly on their site. They keep on advising that they will get someone to call me to discuss/resolve but it never happens.
I've contacted Barclaycard as I made some of the payments on my credit card. I was of the understanding that even if some of the payment had been made by credit card that you would be covered for the full amount under Section 75, however Barclaycard are advising they can only try to claim the value that was paid by credit card? This is he answer I've received: 

Thanks for your message.

As per section 75 of the consumer credit act, if you have paid for a deposit in the beginning and later the merchant will charge your Barclaycard again, then you are covered for the entire amount, however if that is not the case and if you have paid the amount using your Barclaycard, and remaining through any other more, Barclaycard would be able to help for the transaction charge for the holiday that was done using Barclaycard only. Its not possible for Barclaycard to dispute the amount which has not been paid by Barclaycard. For that you would need to contact the merchant to get the clarity if it was paid using any other means apart from Barclaycard. We can only chargeback the amount which has been charged using the Barclaycard for the booking.

The entire charge has to be using Barclaycard for the booking , only then its possible to dispute the entire booking charge, otherwise only the amount which has been charged in Barclaycard.

Is this right?

It's very  confusing as they are talking about Section 75 and a Chargeback  they are very different.

A Chargeback is a reversal of payment and needs to be done on  each transaction,  the retailer pays this (quicker)

A S75 the credit card is  jointly and severally and you can get a refund that way, the bank pays this (slow)

Did you made all payments via a cards?

torchiemuir

Life__Goes__On said:

torchiemuir said:

Can anyone help please?
I booked a holiday to go away in May just gone which was obviously cancelled.
The holiday company are refusing to re-book flights until they receive the refund themselves from the airline even though the holiday has been paid in full and you are able to re-book holidays for the time I want to rearrange for directly on their site. They keep on advising that they will get someone to call me to discuss/resolve but it never happens.
I've contacted Barclaycard as I made some of the payments on my credit card. I was of the understanding that even if some of the payment had been made by credit card that you would be covered for the full amount under Section 75, however Barclaycard are advising they can only try to claim the value that was paid by credit card? This is he answer I've received: 

Thanks for your message.

As per section 75 of the consumer credit act, if you have paid for a deposit in the beginning and later the merchant will charge your Barclaycard again, then you are covered for the entire amount, however if that is not the case and if you have paid the amount using your Barclaycard, and remaining through any other more, Barclaycard would be able to help for the transaction charge for the holiday that was done using Barclaycard only. Its not possible for Barclaycard to dispute the amount which has not been paid by Barclaycard. For that you would need to contact the merchant to get the clarity if it was paid using any other means apart from Barclaycard. We can only chargeback the amount which has been charged using the Barclaycard for the booking.

The entire charge has to be using Barclaycard for the booking , only then its possible to dispute the entire booking charge, otherwise only the amount which has been charged in Barclaycard.

Is this right?

It's very  confusing as they are talking about Section 75 and a Chargeback  they are very different.

A Chargeback is a reversal of payment and needs to be done on  each transaction,  the retailer pays this (quicker)

A S75 the credit card is  jointly and severally and you can get a refund that way, the bank pays this (slow)

Did you made all payments via a cards?

I made part of the payments with my Barclaycard and others by a Santander debit card

Life__Goes__On

torchiemuir said:

I made part of the payments with my Barclaycard and others by a Santander debit card

Then the quickest way will be to file a Chargeback against every transaction that relates to your holiday, however many that might be.
A S75 will be very slow as the bank will want the TA to pay.

Raise a "Chargeback" against the transactions stating non-supply of service, (using proof of cancellation) also state that you have rejected any vouchers that you are entitled to do under English law (even if you not been offered any).
Normally with a Chargeback the money is returned once it’s processed

The TA can dispute the Chargeback, but it must supply evidence to the card company.

If the TA is successful, then the Chargeback is reversed and the money taken back  from your account

http://www.theukcardsassociation.org.uk/individual/chargeback-for-credit-and-debit-card-purchases.asp

saini42

torchiemuir said:

Can anyone help please?
I booked a holiday to go away in May just gone which was obviously cancelled.
The holiday company are refusing to re-book flights until they receive the refund themselves from the airline even though the holiday has been paid in full and you are able to re-book holidays for the time I want to rearrange for directly on their site. They keep on advising that they will get someone to call me to discuss/resolve but it never happens.
I've contacted Barclaycard as I made some of the payments on my credit card. I was of the understanding that even if some of the payment had been made by credit card that you would be covered for the full amount under Section 75, however Barclaycard are advising they can only try to claim the value that was paid by credit card? This is he answer I've received: 

Thanks for your message.

As per section 75 of the consumer credit act, if you have paid for a deposit in the beginning and later the merchant will charge your Barclaycard again, then you are covered for the entire amount, however if that is not the case and if you have paid the amount using your Barclaycard, and remaining through any other more, Barclaycard would be able to help for the transaction charge for the holiday that was done using Barclaycard only. Its not possible for Barclaycard to dispute the amount which has not been paid by Barclaycard. For that you would need to contact the merchant to get the clarity if it was paid using any other means apart from Barclaycard. We can only chargeback the amount which has been charged using the Barclaycard for the booking.

The entire charge has to be using Barclaycard for the booking , only then its possible to dispute the entire booking charge, otherwise only the amount which has been charged in Barclaycard.

Is this right?

No of course that is not right.

What sort of legal system would we all be in if everyone needed to gain the approval of the defendant before bringing a claim against them? And then only on their terms.

You can file your claim today based on Section 75 of the Consumer Credit Act by using moneyclaimonline.

Whether or not you win will be decided by the judge. Good luck.

Nebulous2

That looks like a response to a secure message. Basically trying to pan you off.

There is a disputed transaction form on their website. You need to fill it out and send it off. Don’t hold your breath however. I sent mine on the 10th of April and I’m still waiting for a response. 

torchiemuir

Thanks for all of the advice