Section 75 Query

Pete111

Hi

I was wondering if anyone had any experience in seeking redress from credit card co's via section 75 of the consumer credit act. I have recently bought some furniture, 2/3rds (approx £900 worth) of which was delivered in a very poor state of finish/repair. I did not personally take delivery and no invoice was left.

The provider, who I found via ebay (though I did not buy through ebay - probably my first mistake) has disappeared into the night and after a week of trying to get hold of him to sort the issues I contacted trading standards. On their suggestion, I am currently in dispute with by Credit card provider under section 75.

I am in written correspondance with HSBC and given my impeding credit card bill, have decided to withold the amount relating to the damaged/substandard furniture. I have also informed them I will not be paying interest on the outstanding amount as I beleive I am covered by the CC act and should not be liable for this

Any advice on the above appreciated - obviously (given that for once the law seems to favour the consumer) I am keen to pursue my rights and avoid paying for tat, but I don't want to damage my credit rating and/or amass interest charges I will end up having to pay. My preferred option is to receive a full refund from HSBC and hand back (to whomever) the dodgy furniture but I would also contemplate as a second option their paying for it to be repaired /properly finished.

Many thanks

Pete111

brookerbabyisababy

I had a very similar issue recently with Barclaycard. They rejected my claim and took the side of the retailer. I will shortly be leaving them.

I would really appreciate what happens in your case as I was thinking of getting a HSBC card. So please keep us posted.

brooker.

benf90

I had to make a claim on my Egg Money card but it was when a retailer went bankrupt so the voucher I'd bought could no longer be used.

It was just under 2 weeks until all the paper work was sorted and the money was back in my account, they actually did a refund for interest... even though I don't pay interest as I clear the full balance each month It was only a couple of pence though.

It was fairly quick I thought, but it was a simple case with no complications etc.

Hope you get things sorted though and sorry I haven't been of more help, its the scammers like that who deserve to have the money taken back off them.

What I would say though is you're probably best to at least keep up the minimum repayments on the card (I'm not sure if you have stopped payments altogether).

Pete111

I will be making minimum repayments, though this will be a by product of me continuing to use my card and doing what I normally do - paying off the charges within the month before interest kicks in

Sorry to hear you had no luck with Barclaycard BBiB, on what grounds did they reject your claim?

brookerbabyisababy

They rejected it say no grounds specifically but said that since the item was opened. Avoid Barclaycard.

Tell me about how your claim is going. Where HSBC helpful? Was there indian call centre any help? What was there response? Thanks.

brookerbabyisababy

How is your claim going now??? Any help from hsbc?

battyboimatt

Don't forget that if your bank rejects your claim you can then take it to the ombinsman who will look into it and decide as well, many card compaines dont know what they are going on about when it comes to section 75 and try and fob off the innocent people by giving rubbish excuses like, you have to try to claim off the retialer first, lies, under section 75 you can claim back off 1) Retailer, 2) CC or 3) Both, your choice, so if your bank reject your claim take it further, they might make them cougth up

brookerbabyisababy

battyboimatt wrote: »

Don't forget that if your bank rejects your claim you can then take it to the ombinsman who will look into it and decide as well, many card compaines dont know what they are going on about when it comes to section 75 and try and fob off the innocent people by giving rubbish excuses like, you have to try to claim off the retialer first, lies, under section 75 you can claim back off 1) Retailer, 2) CC or 3) Both, your choice, so if your bank reject your claim take it further, they might make them cougth up

Thanks for your post. But since the letter I have sold the item on ebay. Although I do still hate the retailer and cc.

Pete111

Hi BBiB

Sorry, away over Xmas. - No news as yet re my claim thouigh I have since written to HSBC to let them know I will not be paying the disputed £900 or any interest on it. I have also got a quote through from a reputable furniture restorer on fixing the damage etc - apprpx £500!!

Will keep you posted - useful info above re the ombudsman also!

Pete111

Update on the above.

HSBC have refunded me the disputed £900 but are reserving the right to reinstate this charge whilst they liaise with Visa who they get their Credit Card services through. They are hoping Visa write this/take on the responsibility of tracking the seller down off so it does not adversely affect them

They have generally been helpful though I have had to write a significant number of letters and supply a myriad of supporting docs.

At this point I am cautiously optimistic but was wondering, if HSBC come back saying 'sorry Visa don't accept it so we are reinstating the £900 on your Credit Card' what should my response be?

I'm assuming a fair line to take would be ' sorry HSBC, but agreement is with you not Visa so I couldn't give a monkeys what they say....you still have the obligation to sort this under section 75..'

Any thoughts appeciated!

brookerbabyisababy

That is exactly what I would do. HSBC seems more apt than Barclaycard - who did everything the same and were awful to deal with. Keep us posted.