Section 75 Claim

1066b

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

kaMelo

1066b said:

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

Section 75 does cover the full purchase price but that assumes you've paid the full purchase price.  You haven't you only paid a deposit. As such you're only going to get back what you paid out, you can't be in a better position than you started.
Essentially S75 is about putting you back where you were before it happened. There are certain situations whereby you could get more than you paid, eg building work gone wrong and it needs rectification in excess of initial payment.
Your situation however does not fall into that category, the best you'll get is to be put back to where you started.

Batesy1976

1066b said:

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

Why would you think the law would allow you to get £1500 out of Tesco for nothing?

I suppose it's no wonder you didn't just let them do the chargeback that would have got you your money back if you thought you were going to be £1500 up on the deal if you insisted it be done via S75.

[Deleted User]

MalMonroe said:
It seems strange but that's what the law allows. No need for nasty comments.  See this link for further info  https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

That example is entirely different.

The full balance was paid via different mechanisms. In the OPs case, they didn't pay more than the deposit.

And as has been pointed out before, the amount paid by card doesn't need to be more than £100. It could theoretically be a penny, as long as the item exceeds £100 and is no more than £30k.

Batesy1976

MalMonroe said:

Batesy1976 said:

1066b said:

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

Why would you think the law would allow you to get £1500 out of Tesco for nothing?

I suppose it's no wonder you didn't just let them do the chargeback that would have got you your money back if you thought you were going to be £1500 up on the deal if you insisted it be done via S75.

It seems strange but that's what the law allows. No need for nasty comments.  See this link for further info

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

No, the law doesn't allow it, and there was nothing nasty about it.


Whilst someone CAN claim the full amount they have paid even if it wasn't all paid on the card, the OP only paid the 25% deposit.  Period. End of story.  That's it.  They expect to pay £500 of a £2000 bill, and get £2000 back, putting them £1500 up on the deal.  The law does not allow for that.  Because it's an absurd situation.

MalMonroe

Sorry Batesy, (I did think your comment was a little sharp but ..) I realised that I made an error and removed by posts but sadly not before you'd seen. . .  of course you are right, my mistake. 

Please ignore and carry on, if possible. Many apologies. 

MalMonroe

That example is entirely different.

The full balance was paid via different mechanisms. In the OPs case, they didn't pay more than the deposit.

And as has been pointed out before, the amount paid by card doesn't need to be more than £100. It could theoretically be a penny, as long as the item exceeds £100 and is no more than £30k.

Yep, you're right. As I have said to Batesy1976 - my mistake. Unfortunately I was trying to carry on a conversation with someone at the same time as being on the forum and I realised too late that I'd boobed. 

I removed my posts but unfortunately they had been spotted by eagle-eyed forumites. 

Sorry!!! My lesson learned. I hope.

MalMonroe

1066b said:

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

Hi, sorry, I realised that my previous comments were totally incorrect and do apologise profusely. 

Of course you are entitled only to what you've paid out so your case does seem to be complete and closed. 

Apologies for any misleading. . . 

Batesy1976

MalMonroe said:

Sorry Batesy, (I did think your comment was a little sharp but ..) I realised that I made an error and removed by posts but sadly not before you'd seen. . .  of course you are right, my mistake. 

Please ignore and carry on, if possible. Many apologies. 

Well, it was "sharp" because of the absurdity of thinking that you can get a nice £1500 in your pocket at your finance companies expense purely because you bought from the wrong company.  I'm trying (and failing) to understand how someone can think that that would be in any way a reasonable outcome.  And it cost Tesco £550 in the process too...

born_again

1066b said:

Hello, I'm new to this forum so forgive me if I'm not up to speed on protocols. My query is this; about 2 years ago I placed an order for some specialist model railway items, total value just under £2,000. At the time of ordering I paid a 25% deposit using my Tesco Bank Credit Card. A few months later I learned that the supplier had gone into administration. I contacted Tesco Bank and notified them that I would be making a claim for the full value of the order under Section 75. At his point I must point out that I had only paid the deposit, the balance being due just before delivery. Tesco Bank initially stalled the process by trating it as a Charge Back case. It was not until a month later and upon my insistance that they eventually started the Section 75 claim. After a further 2 months I was contacted by Tesco Bank who offered to refund my deposit and nothing else.

Here's where I need some clarification. Having read various case histories relating to Section 75 I understood that the law protects an individual for the whole value of an item. I passed my case to the Ombusman who, after some 18 months, have sided with Tesco Bank, insisting that they have treated me fairly. I would like to know whether or not Section 75 covers the full purchase price in this instance. While I am sure that Tesco Bank has treated me fairly, i am not so sure that the law has been upheld. I would be most grateful for any clarification that can be given. Thank you in advance.

Tesco are correct. You can only claim the amount you have paid. 
To have got the full £2K you would have had to prove that you made it via another menas. 

S75 does not allow you to claim for something you have not paid. While there are "consequential losses" This does not come into play here.