Section 75

eskbanker

carol_63 said:

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 ???

It depends on why a s75 claim would be unsuccessful - if your bank is declining it because of lack of evidence then the same would apply to a chargeback attempt too, but if there was a rejection due to some sort of s75-specific technicality then chargeback might be applicable.

happy_hazelnuts

Totally agree with you eskbanker but if they are asking for a receipt as such and specifically a receipt and only a receipt then that is not required....

carol_63

Yes they refused because I didn’t have a receipt 

eskbanker

happy_hazelnuts said:

Totally agree with you eskbanker but if they are asking for a receipt as such and specifically a receipt and only a receipt then that is not required....

OP says she sent them plenty of other documentation and it seemed clear that they're looking for some sort of evidence that links a payment with specifically what it was for.  Proof of making a payment to the company should help, especially if the amount equates to a documented firm quotation (does it, OP?), but it's not unreasonable to expect sight of a receipt that explains exactly what the payment covers, with or without any annotations, comments, etc.

carol_63

Does the messages I have stating what work was required not relate to the payment then ??

carol_63

They have even put the progress of my garden in stages on their website proving they did the work

eddddy

carol_63 said:

They have even put the progress of my garden in stages on their website proving they did the work

From your posts here, it sounds like you don't really understand the problem or the approach you need to take.

Section 75 makes the credit card company jointly liable for "Breach of Contract" and "Misrepresentation" - and nothing else.

So, to claim successfully...

• You need to provide details (and reasonable evidence) of the contract that both parties agreed to
• You need to provide details (and reasonable evidence) that the tradesmen breached that contact
• You need to provide details (and reasonable evidence) of the losses you suffered as a result of the breach of contract

For example, if the agreed contract was that you would pay them £500 to build a 2m high wall - and they only built a 1.5m high wall, that would be a breach of contract.

But the tradesmen are very likely to say "Carol is mistaken. The agreed contract was £500 to build a 1.5m high wall".

So the bank needs more evidence from you, and is asking for a receipt in the hope that it will say something like "Payment for building a 2m high wall £500".

If you have any other evidence of what was contractually agreed, you could provide that to the bank instead.

jonesMUFCforever

carol_63 said:

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

If you were not happy with the work - why pay them?
I can understand paying for materials upfront - but the remainder of the bill I would not have paid until the work was done properly.

carol_63

I was quite stressed at the time working til late at the hospital I did not check the work as it was late when I got home so think they took advantage of that as they came back for payment after I had finished work 

carol_63

eddddy said:

carol_63 said:

They have even put the progress of my garden in stages on their website proving they did the work

From your posts here, it sounds like you don't really understand the problem or the approach you need to take.

Section 75 makes the credit card company jointly liable for "Breach of Contract" and "Misrepresentation" - and nothing else.

So, to claim successfully...

• You need to provide details (and reasonable evidence) of the contract that both parties agreed to
• You need to provide details (and reasonable evidence) that the tradesmen breached that contact
• You need to provide details (and reasonable evidence) of the losses you suffered as a result of the breach of contract

For example, if the agreed contract was that you would pay them £500 to build a 2m high wall - and they only built a 1.5m high wall, that would be a breach of contract.

But the tradesmen are very likely to say "Carol is mistaken. The agreed contract was £500 to build a 1.5m high wall".

So the bank needs more evidence from you, and is asking for a receipt in the hope that it will say something like "Payment for building a 2m high wall £500".

If you have any other evidence of what was contractually agreed, you could provide that to the bank instead.

In my message to him on my phone it states to them what work is actually required also they have put pictures on their own website of my garden in stages why will the bank not accept all this evidence and why did they not tell me the correct information I needed until it was way too late ??? The company who did the work knew I was stressed already with working at the hospital and just wanted somewhere nice to relax on my day off