Claiming under section 75 for a service

SianR

We recently had our floors sanded. I paid on completion of the job using my credit card. I was unable to properly check the work before paying as the varnish was still wet and they told us not to walk on it for 2 hours. It turns out that they didn’t sand the floor properly. It’s really rough and there are ridges across the boards caused by them sanding across it with coarse sandpaper but not finishing off using fine grain sandpaper To give a smooth finish. It’s really obvious that they didn’t complete the job properly. I have sent them a polite email with photos showing the lines across the boards and asked if they can come back and finish it. Funnily enough I haven’t heard back. I’m wondering if this would be covered under the section 75. There’s not much written about services. Also what would I need to make a claim. I could send them another email using the template from MSE but I worry about them returning to do the work after being ‘threatened’ with legal stuff. 

I realise that I shouldn’t have paid without checking the work. I was alone in the house with 2 small children and unwell that day and they shocked me by asking for full payment in cash once they had finished. They hadn’t said in advance that they would need cash. They were pretty much standing over me as I scrambled around to find a way of paying so I used my credit card. 

unholyangel

A s75 claim is a claim against the creditor, not the trader.

So speak to your bank, and make sure they are processing it as s75 and not a chargeback. 

SianR

I wasn’t sure which approach to take if they ignore my emails. I originally thought it would be a chargeback situation but MSE and other websites indicate it is section 75. Would it be the disputes department at the credit card company that I need to speak to or write to? 

Were_Doomed

Just call your CC provider and ask them "How do I make a Section 75 claim please?"

unholyangel

SianR said:

I wasn’t sure which approach to take if they ignore my emails. I originally thought it would be a chargeback situation but MSE and other websites indicate it is section 75. Would it be the disputes department at the credit card company that I need to speak to or write to? 

Credit card you can do either. S75 is available when you use a credit card to buy something that is priced £100 or more, even if you pay less than £100 by credit card. It's a right given by statute and makes the creditor jointly and severally liable, so if you have any claim against the trader, you have the same claim against the creditor. 

Chargeback is available on credit or debit cards, is available for items less than £100 (while s75 isn't) and is provided under visa/MasterCard's own policy. It's only available in certain circumstances and the trader can defend the claim

IMO s75 is the superior of the two in most circumstances.

macman

Much more tricky to do an S75 where a service has been unsatisfactory, as the card provider has to make a judgement about the alleged quality of service. Whereas with goods that haven't been delivered, it's much more clear cut.
But of course, if it fails you still have the option of MCOL (though make sure you send an LBA first and give 14 days to comply).

SianR

macman said:

Much more tricky to do an S75 where a service has been unsatisfactory, as the card provider has to make a judgement about the alleged quality of service. Whereas with goods that haven't been delivered, it's much more clear cut.
But of course, if it fails you still have the option of MCOL (though make sure you send an LBA first and give 14 days to comply).

Thanks I might as well try I suppose