Section 75 claim

neilcg70

I purchased a jug of Pimms at an event which included a £10 refundable deposit for the jug on my credit card (paid using contactless).  When I returned the jug rather than being refunded the £10 I was charged £10 again (contactless transaction).  When I checked the transaction and realised the mistake, I contacted the company via phone and email with no response so raised a claim with my credit card company for £20 that I have been overcharged.  I received the following response:

Our Decision

 

Having fully investigated your dispute, we're unable to proceed on this occasion, and we'd like to explain why.

• In order to raise a Dispute on your behalf we are required to submit evidence to Mastercard to substantiate your claim. As you have no receipts to evidence your dispute we will be unable to proceed with your claim as it is not possible to evidence any breach of contract.
  

Can anyone confirm that you only claim if you can provide receipts?  This would seem a very strange situation with the advent of contactless transactions where many retailers only supply a receipt if requested when making contactless payments.

I realise in the scheme of things this is a first world problem but it has really annoyed me.  Does anyone have any experience or can offer any advice?  Thank you in advance of any help you can provide.

born_again

S75 would only cover a purchase over £100 & under £30K.
Clearly this was not.

In this case (chargeback) where it was made in person. You would need the proof (receipt) that they have charged you the extra £10. 
Can you not go & visit the retailer with a copy of your statement showing that they have charged, rather than refunded?

neilcg70

Hmmm I now realise this was a badly titled post!  I should have clarified it was the Section 75/Disputes team I contacted at the credit card company!  The company are an events catering company no local office near to me and no response to my calls/emails! I'm guessing I'm going to have to put this one down to experience!!

Manxman_in_exile

[Edit: cross-posted with OP]

Agree that s75 doesn't apply, but what evidence (eg receipts) could the OP supply to support a claim anyway?

The OP is saying he should have got a £10 refund and not been charged £10 again.  How would any card paperwork be evidence in support of that?  For example, the OP could have been wrongly charged a second time and been given a receipt showing that he'd been charged a second time, but that wouldn't be evidence at all that he had actually been entitled to a refund and shouldn't have been charged again.  Or alternatively he could have two receipts showing two charges because he'd bought two different jugs of Pimms.

Was this Wimbledon?  They were offering money back on their beer glasses.  We didn't bother to redeem ours but I did wonder how the refund would work.  We did actually "buy" two pairs of glasses.  Kept one pair and donated the other pair to charity. 

born_again said:

...
Can you not go & visit the retailer with a copy of your statement showing that they have charged, rather than refunded?

I suspect they were a pop-up at a special event and no contact details

neilcg70

@Manxman_in_exile exactly that, it was tennis but Queen's rather than Wimbledon but was one of the catering concessions. 

Manxman_in_exile

I think I'd persist with trying to contact the retailer.

If that still gets nowhere I'd go back to your bank and tell them to show Mastercard the two payments for £10 on your card statement, and explain that one of them should have been a refund.  Even if you did have paper receipts from the two transactions themselves, they would still only show two payments of £10, just like your statement.  Having paper receipts for the transactions still wouldn't show that one of them should have been a refund and not a payment.

eddddy

Manxman_in_exile said:

The OP is saying he should have got a £10 refund and not been charged £10 again.  How would any card paperwork be evidence in support of that?  

I suspect the card company don't mean a card transaction receipt - I suspect they mean a receipt from the merchant saying something like...

Jug of Pimms                  £25
Refundable Jug Deposit  £10
Total                                 £35

(But I suspect that no receipt like that was ever issued.)

Manxman_in_exile said:

For example, the OP could have been wrongly charged a second time and been given a receipt showing that he'd been charged a second time, but that wouldn't be evidence at all that he had actually been entitled to a refund and shouldn't have been charged again.  Or alternatively he could have two receipts showing two charges because he'd bought two different jugs of Pimms.

I think you're essentially saying that the cardholder's description of what happened might be untrue. But that's true of any chargeback claim.

As I understand it, the cardholder's claim would be passed to the merchant - and they will be given the opportunity to accept it or dispute it - with their own description of what happened.

And then mastercard will make a decision.


But first, the card company want a bit more evidence from the OP, rather than the OP just saying they've been overcharged.

(If Queens published the PImms Jug prices on the internet that mentioned a deposit, and/or the OP could find a photo taken on the day, which happened to show the Pimms Jug prices in the background - that might help.)

neilcg70

Thanks @eddddy and @Manxman_in_exile
I appreciate your help.  All transactions were contactless with no receipts and my CC company are refusing to submit the claim to MasterCard due to lack of evidence and unfortunately I have no photograph of the price list and there is nothing published online that I can use as evidence.

eskbanker

neilcg70 said:

The company are an events catering company no local office near to me and no response to my calls/emails

Depending on your appetite for pursuing this, you could issue them with a letter before action, which might actually be read and actioned?  The lack of receipts may still be a problem but a court would ultimately look at the balance of probabilities if it ever got that far....

sheramber

Would you go to court for £10?

eskbanker

sheramber said:

Would you go to court for £10?

It's £20 presumably, but the same question could also be asked of the company (albeit they're in a stronger position)!