Section 75 Refused by Natwest on

EWP123

Hello,
I ordered some windows from a window company on 11/09/2019 and paid a deposit of 50% up front by bank transfer, and later an additional £50 later by credit card with my Natwest rewards Mastercard (exact dates below). I was in the middle of refurbishment works, so had to wait some time before finalising the exact dimensions and styles of the windows.  But paid the deposit to ensure the price was locked in as the salesman said the cost of glass was going up in the near future (probably a sales tactic in hindsight).

I paid the following amounts:
11/09/2019 - £3,000 - Bank Transfer
9/12/2019 - £50 - Natwest Rewards Card

Following this, towards the end of February 2020, I contacted the company to request they come and measure the windows for final dimensions.  I was continually fobbed off or ignored.  The company wouldn't come and take final measurements or confirm the order.  

After over a month of being ignored or fobbed off, on 2nd April 2020 I wrote notifying the company they had 7 days to refund my deposit, or confirm a date to deliver the windows.  I did not receive a reply.  On 9th April I contacted the credit card company under Section 75 to request a refund. 
I have since ordered and had delivered windows and doors from another company.

Today I received the following unsatisfactory response from Natwest (personal details blanked out):

"Thank you for getting in touch about your dispute with ***.

About your dispute

We have no direct contact with individual retailers, although in some instances, investigations may be made through MASTERCARD International, but we are subject to their rules of enquiry and strict time constraints.

We do sympathise with your predicament but it is with regret that we are not able to offer any assistance on this occasion as the timescales within which we have to investigate disputes through MASTERCARD International has been exceeded.

You may however, have alternative remedies under consumer legislation and we can only suggest that you seek independent legal advice in pursuing this matter further. This can be sought from your local Trading Standards Office or the Citizens Advice Bureau.

What will happen next

Any temporary refund(s) that was made to your account pending investigation will be reversed and reflected on your next statement.

We are very sorry that we can’t continue with your dispute but we trust the information supplied clarifies the Bank’s position.

Yours sincerely

Fraud & Chargeback Operations"

Any advice on how to proceed would be very gratefully received.

eskbanker

There's a 120 day limit for chargeback claims but that doesn't apply to s75 - in any case, chargeback would only have recovered the amount put on the card so wouldn't have helped you.

You need to emphasise to NatWest that you wish to pursue a section 75 claim as they seem to have assumed chargeback instead.  You'll need to demonstrate breach of contract or misrepresentation, so consider what documentary support you have for those....

harsh_but_fair

Only to add to the above advice that if NatWest refuse to entertain a section 75 then raise a complaint with them which if they reject you can then escalate to the FOS

it seems a fairly open and shut case as you have paid for something which you haven't received which Should Fall nicely under the section 75 procedure

[Deleted User]

 I thought you had to pay £100 on the card to get s75 protection? Or am I wrong? 

jonesMUFCforever

_shel said:

 I thought you had to pay £100 on the card to get s75 protection? Or am I wrong? 

Technically you only need to put 1p on a credit card to get S75 cover provided the service/goods are priced between £100 and £30000.
The transaction also needs to be a personal one not a business.

sambaird

_shel said:

 I thought you had to pay £100 on the card to get s75 protection? Or am I wrong? 

If the goods services are valued at over £100 and less than £30000, any amount paid by credit card towards the total gives the buyer s75 protection.

born_again

I would be arguing the point that as the service had not been provided the 120 days as yet has not started.
Certainly with Visa it is 120 days, but up to a max of 540 days from the date of debit for ongoing purchases, such as holidays, events or the above issue.

It appears Master card is the same
>>• 120 calendar days from when the services ceased with a maximum of 540 calendar days from the transaction settlement date for issues of interruption of ongoing services <<
Page 69/70
https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

Life__Goes__On

born_again said:

I would be arguing the point that as the service had not been provided the 120 days as yet has not started.
Certainly with Visa it is 120 days, but up to a max of 540 days from the date of debit for ongoing purchases, such as holidays, events or the above issue.

It appears Master card is the same
>>• 120 calendar days from when the services ceased with a maximum of 540 calendar days from the transaction settlement date for issues of interruption of ongoing services <<
Page 69/70
https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

The OP needs to make a S75 claim not a Chargeback

born_again

Life__Goes__On said:

born_again said:

I would be arguing the point that as the service had not been provided the 120 days as yet has not started.
Certainly with Visa it is 120 days, but up to a max of 540 days from the date of debit for ongoing purchases, such as holidays, events or the above issue.

It appears Master card is the same
>>• 120 calendar days from when the services ceased with a maximum of 540 calendar days from the transaction settlement date for issues of interruption of ongoing services <<
Page 69/70
https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

The OP needs to make a S75 claim not a Chargeback

Why, there is a clear chargeback option. As stated in Mastercards regulations. 
OP needs to raise a complaint with Natwest citing the relevant section.

S75 or chargeback is card suppliers choice. 

Life__Goes__On

born_again said:

Life__Goes__On said:

born_again said:

I would be arguing the point that as the service had not been provided the 120 days as yet has not started.
Certainly with Visa it is 120 days, but up to a max of 540 days from the date of debit for ongoing purchases, such as holidays, events or the above issue.

It appears Master card is the same
>>• 120 calendar days from when the services ceased with a maximum of 540 calendar days from the transaction settlement date for issues of interruption of ongoing services <<
Page 69/70
https://www.mastercard.us/content/dam/mccom/global/documents/chargeback-guide.pdf

The OP needs to make a S75 claim not a Chargeback

Why, there is a clear chargeback option. As stated in Mastercards regulations. 
OP needs to raise a complaint with Natwest citing the relevant section.

S75 or chargeback is card suppliers choice. 

Chargeback = £50
S75 = £3050

Think that explains why.

born_again

Life__Goes__On said:

Chargeback = £50
S75 = £3050

Think that explains why.

Does not compute.
Why would Natwest do that when it's going to potentionally cost them £3050? 
But the £50 would not cost them anything.
Still if that is the full letter, they have not declined the S75. Maybe they are hoping the OP will think that they are declining the S75 as well....

Although OP did not say how much they were refunded.