Section 75

carol_63

Had some work done the guys were supposed to come back to rectify loads of mistakes I paid using credit card but never got a receipt even though I asked loads of times the banks are saying they won’t help as I don’t have a receipt is there anything else I can do please any advice welcome

eskbanker

A section 75 claim relies on being able to demonstrate breach of contract or misrepresentation by the merchant, how do you propose to do this?

[Deleted User]

With evidence of what you paid for, the bank can't assess your claim.

carol_63

I’ve sent them pictures of the guys doing the work in my garden all Copies of messages The name of the company they can also see before and after pics also see where the payment went too plus my neighbours are willing to put it in writing aswell 

[Deleted User]

Pictures of people in your garden doesn't form a contract. 

You need evidence of what you ordered and the amount for that work.  What is contained within these messages?

carol_63

The work required and start dates etc is in the messages plus loads of other stuff

happy_hazelnuts

If you are claiming under section 75 then you don't need a receipt,  you don't need an invoice, you don't need pictures of them doing the work you don't need anything. 

The credit card are jointly liable and you should tell them in no uncertain terms what you are claiming for and if they refuse then raise a complaint

eskbanker

happy_hazelnuts said:

If you are claiming under section 75 then you don't need a receipt,  you don't need an invoice, you don't need pictures of them doing the work you don't need anything. 

The credit card are jointly liable and you should tell them in no uncertain terms what you are claiming for and if they refuse then raise a complaint

You seem to misunderstand the issue - the fact that cardholders have the same rights against the card company as against the merchant is indeed the basis of that section of the legislation, but there is still an onus on the cardholder to provide adequate documentary evidence of exactly what breach of contract (or misrepresentation) is alleged to have occurred, i.e. what either party are being held liable for.  The card company here is effectively saying to OP that they are being told in uncertain terms, so (not unreasonably) are seeking more certainty....

carol_63

I go have raised a complaint the bank have said they will contact me in the next 10 days but the guy from the bank didn’t really seemed interested and wasn’t that helpful just kept quoting some legislation that was made in the 1970’s that apparently most people know about 😩 unfortunately I am one of the few people who don’t know about it

eskbanker

carol_63 said:

I go have raised a complaint the bank have said they will contact me in the next 10 days but the guy from the bank didn’t really seemed interested and wasn’t that helpful just kept quoting some legislation that was made in the 1970’s that apparently most people know about 😩 unfortunately I am one of the few people who don’t know about it

 Section 75 refers to part of the Consumer Credit Act 1974, so it's effectively you who's raising the subject of 1970s legislation by making a claim under it!  If you're unfamiliar with what s75 is all about then worth spending some time reading up a bit before progressing a claim - https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases/ is a reasonable place to start.

carol_63

Thankyou for your reply and the link does this mean I can try claim a refund under chargeback then if section 75 is unsuccessful please ???