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Section 75 claim issue over main card holder

I had a historic credit card of which I added my husband as a second card holder and didn't think anything of it.

My husband is currently training to be a HGV driver and we payed for the on the credit card. Low and behold the training school was a bit of a joke and totally not as advertised so we sent the evidence to the credit card company to see if we could claim back.

They unfortunately have came back saying as I am the primary card holder and the services were for him we can't claim under section 75.

I'm a bit confused and was wondering if there was anyway to appeal? He is a named card holder if that makes any difference 

Comments

  • MorningcoffeeIV
    MorningcoffeeIV Posts: 1,947 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 10 March 2023 at 3:37PM
    No. The account needs to be in his name for s75 to apply.

    In any case, you're better off dealing directly with the training school if you believe they have breached the contract. The card company would be looking for the same kind of evidence.
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Glwnic said:
    I had a historic credit card of which I added my husband as a second card holder and didn't think anything of it.

    My husband is currently training to be a HGV driver and we payed for the on the credit card. Low and behold the training school was a bit of a joke and totally not as advertised so we sent the evidence to the credit card company to see if we could claim back.

    They unfortunately have came back saying as I am the primary card holder and the services were for him we can't claim under section 75.

    I'm a bit confused and was wondering if there was anyway to appeal? He is a named card holder if that makes any difference 
    For S75 to be valid there must be interrelationships between the debtor (you). the creditor (credit card company) and the supplier (training school).

    Him paying for it doesnt matter as you are still the debtor what matters is if you had a contract with the supplier or if the contract was in your husbands name (doesnt matter who'll receive the "benefit" of the purchase). If it was in your husbands name then they are correct, you dont have a relationship with the supplier and so no S75 protection. If its in your name then you would.

    When did you make the payment(s) for it? When was the course scheduled to start? Have you looked at a chargeback rather than S75? You'd need to demonstrate that the paid for services werent provided/didnt conform to contract more than it being a bit naff
  • CliveOfIndia
    CliveOfIndia Posts: 2,744 Forumite
    1,000 Posts Second Anniversary Name Dropper
    I'm not sure if a complaint to the DVSA would help at all?  There's some information here: https://www.gov.uk/complain-about-a-driving-instructor
    I suspect this is more aimed at car drivers rather than HGV, but I would expect an HGV instructor to be governed by the DVSA in just the same way.  Might be worth a try?  Though, as per the previous reply, you'd probably still need to have some evidence to back up your complain.


  • grumbler
    grumbler Posts: 58,629 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Glwnic said:
    I had a historic credit card of which I added my husband as a second card holder and didn't think anything of it.

    My husband is currently training to be a HGV driver and we payed for the on the credit card. Low and behold the training school was a bit of a joke and totally not as advertised so we sent the evidence to the credit card company to see if we could claim back.

    They unfortunately have came back saying as I am the primary card holder and the services were for him we can't claim under section 75.

    I'm a bit confused and was wondering if there was anyway to appeal? He is a named card holder if that makes any difference 
    MSE: What does Section 75 cover?


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