Refund under section 75 for ticket purchases

AtlasGalaxy

km1500 said:

Maybe they didn't. Maybe they paid an intermediary (ticketing agent) to buy them.on their behalf
 
The intermediary did exactly as instructed - hence no S75 etc

No there was no middle man involved, the tickets were purchased directly from the company that was supplying the experience, and it is that company that has now gone into administration. 

Would the bank have specific rules that are builds on section 75? I’ve tried to look online but can’t see anything on the bank’s website. Is it perhaps something I should request?

eskbanker

AtlasGalaxy said:

Would the bank have specific rules that are builds on section 75? I’ve tried to look online but can’t see anything on the bank’s website. Is it perhaps something I should request?

Section 75 is part of the Consumer Credit Act 1974 and is therefore a statutory right that can't be overridden by any institution's own Ts & Cs, rules, policies, etc.  Having said that, it is vague enough to be open to interpretation, as can be seen from the posts in this thread so far....

75 Liability of creditor for breaches by supplier.

(1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

(2) Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

(3) Subsection (1) does not apply to a claim—

(a) under a non-commercial agreement,

(b) so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000, or

(c) under a debtor-creditor-supplier agreement for running-account credit—

(i) which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii) which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.

(4) This section applies notwithstanding that the debtor, in entering into the transaction, exceeded the credit limit or otherwise contravened any term of the agreement.

(5) In an action brought against the creditor under subsection (1) he shall be entitled, in accordance with rules of court, to have the supplier made a party to the proceedings.

HillStreetBlues

How much did you pay?

DullGreyGuy

AtlasGalaxy said:

km1500 said:

Maybe they didn't. Maybe they paid an intermediary (ticketing agent) to buy them.on their behalf
 
The intermediary did exactly as instructed - hence no S75 etc

No there was no middle man involved, the tickets were purchased directly from the company that was supplying the experience, and it is that company that has now gone into administration. 

Would the bank have specific rules that are builds on section 75? I’ve tried to look online but can’t see anything on the bank’s website. Is it perhaps something I should request?

They cannot lessen your rights so any building on them can only be to enhance

How much was each ticket?

Assuming each one was £100 or more (or the invoice says its an experience for 4 at £200 (or whatever)) then S75 should be intact and you should complain that you are the debtor and were in exclusively in contract for with the supplier for the 4 tickets which have been invalidated by the insolvency meaning a breach of contract. Who the end users of the tickets were to be is irrelevant. 

https://www.financial-ombudsman.org.uk/decision/DRN-3382396.pdf is an example of a customer buying a car purely as a gift for others which the ombudsman upheld despite it being a gift 

born_again

AtlasGalaxy said:

Hi, I hope someone can help!

Last year my friend purchased a ticket for 4 to enjoy an experience including a meal and drinks. Unfortunately the company has gone into administration, causing the event to be cancelled. We were told to contact our banks directly to claim a refund as the company would not have funds to refund because of the cancellation.

We were told by the bank that the bank were only liable for the personal loss of the card holder. As “a gesture of good will”, they said the cover would be extended to her spouse, but not to tickets for other people. Therefore we are only able to claim half of the money back under section 75.

I can’t see reference to this clause anywhere online or on any other forums… please can you offer some advice? Is this normal? 

Should have been a chargeback.

So when was the payment made? So long as it is under 540 days then they need to go back to CC & get them to process a chargeback for the full amount.
They can then take back the S75 amount they paid out to your friend.