Section 75

Snootiestcassie

Hello
I was hoping someone could help I’ve searched to no gain. My partner paid for some leisure time on his credit card to be used at Bodyflight Bedford. The money was taken by a company called hemp 2 wellness that has also gone bust as well as Bodyflight.  Both companies have the same directors.  Nationwide are refusing to refund under section 75.  Please see the final response letter.  I’m lost with it all. We want to proceed with the ombudsman but just want to check the meaning of the letter.  My partner has a credit card statement that shows the transaction was made. Unsure if Nationwode are just robbing him off to get out paying. The final letter is attached. 
(Removed by Forum Team)

CliveOfIndia

Put simply, S75 covers you if the supplier fails to honour the terms of their contract.  The letter you've shown seems to imply that you are unable to prove the contract you had with the company, so Nationwide are refusing the S75 claim.

I guess that's kind of understandable - in the absence of anything else, who's to say the money you paid them wasn't for something else (which they did provide)?  Sorry, that's not meant to sound harsh, just an objective observation.

Do you not have any correspondence (emails or physical letters) that confirms what the company agreed you paid them for?  A voucher, or booking confirmation?  If you can show this to Nationwide then that would resolve the issue.

pramsay13

They are asking for proof of what the £2700 was use to purchase, which probably isn't unreasonable, especially considering you are saying that you paid a hemp supplement store money for a wind tunnel experience.
Do you not have an email from the company when you signed up, or a leaflet from them, or a screenshot of the website showing the experience and the cost?
I think without any kind of proof you will struggle.

DullGreyGuy

Snootiestcassie said:

Hello
I was hoping someone could help I’ve searched to no gain. My partner paid for some leisure time on his credit card to be used at Bodyflight Bedford. The money was taken by a company called hemp 2 wellness that has also gone bust as well as Bodyflight.  Both companies have the same directors.  Nationwide are refusing to refund under section 75.  Please see the final response letter.  I’m lost with it all. We want to proceed with the ombudsman but just want to check the meaning of the letter.  My partner has a credit card statement that shows the transaction was made. Unsure if Nationwode are just robbing him off to get out paying. The final letter is attached. 

S75 only applies I"

There is a debtor (this is the account holder, not a secondary card holder) has a credit facility with a Creditor who enters into a contract with a Supplier and the Creditor pays the money directly to the Supplier.

They are therefore asking for a copy of the contract / invoice to show exactly who bought what from whom. This will validate the conditions above, that the account holder entered into a contract with a company and the money was paid to that company.

There are a host of reasons why S75 may not apply, where a secondary cardholder buys something for themselves... where you pay company A for services from Company B (eg a travel agent).

What have you provided them in terms of contracts or invoices etc?

Your next problem is possibly what you've said up there... you bought something from "bodyflight bedford" but paid Hemp 2 Wellness. Bodyflight Bedford could be a trading name of Hemp 2 Wellness but a quick google shows that a Bodyflight Limited went bust recently and so the invoice may confirm you have a second issue that once the invoice is provided it may show you paid an intermediary and so broke the S75 chain.

When was the event booked for? A chargeback may be a more sensible approach anyway assuming it was a future dated event 

grumbler

Why was it s75 claim, not chargeback?
>> 

Debit & credit card chargeback

Snootiestcassie

CliveOfIndia said:

Put simply, S75 covers you if the supplier fails to honour the terms of their contract.  The letter you've shown seems to imply that you are unable to prove the contract you had with the company, so Nationwide are refusing the S75 claim.

I guess that's kind of understandable - in the absence of anything else, who's to say the money you paid them wasn't for something else (which they did provide)?  Sorry, that's not meant to sound harsh, just an objective observation.

Do you not have any correspondence (emails or physical letters) that confirms what the company agreed you paid them for?  A voucher, or booking confirmation?  If you can show this to Nationwide then that would resolve the issue.

The only think he has is his bank statement showing the transaction which Nationwide has and constant emails to Bodyflight Bedford asking when the tunnel would be open again so he could use his purchase. 

grumbler

Snootiestcassie said:

CliveOfIndia said:

Put simply, S75 covers you if the supplier fails to honour the terms of their contract.  The letter you've shown seems to imply that you are unable to prove the contract you had with the company, so Nationwide are refusing the S75 claim.

I guess that's kind of understandable - in the absence of anything else, who's to say the money you paid them wasn't for something else (which they did provide)?  Sorry, that's not meant to sound harsh, just an objective observation.

Do you not have any correspondence (emails or physical letters) that confirms what the company agreed you paid them for?  A voucher, or booking confirmation?  If you can show this to Nationwide then that would resolve the issue.

The only think he has is his bank statement showing the transaction which Nationwide has and constant emails to Bodyflight Bedford asking when the tunnel would be open again so he could use his purchase. 

So, he paid £2.5K without having anything like an invoice/quotation/...? And he hadn't received any confirmation before starting to chase them about 'when'?
And again, why not chargeback? In this case it's the supplier who has to dispute the chargeback if it's incorrect.

Snootiestcassie

grumbler said:

Snootiestcassie said:

CliveOfIndia said:

Put simply, S75 covers you if the supplier fails to honour the terms of their contract.  The letter you've shown seems to imply that you are unable to prove the contract you had with the company, so Nationwide are refusing the S75 claim.

I guess that's kind of understandable - in the absence of anything else, who's to say the money you paid them wasn't for something else (which they did provide)?  Sorry, that's not meant to sound harsh, just an objective observation.

Do you not have any correspondence (emails or physical letters) that confirms what the company agreed you paid them for?  A voucher, or booking confirmation?  If you can show this to Nationwide then that would resolve the issue.

The only think he has is his bank statement showing the transaction which Nationwide has and constant emails to Bodyflight Bedford asking when the tunnel would be open again so he could use his purchase. 

So, he paid £2.5K without having anything like an invoice/quotation/...? And he hadn't received any confirmation before starting to chase them about 'when'?
And again, why not chargeback? In this case it's the supplier who has to dispute the chargeback if it's incorrect.

The leisure time was bought January 2021 at a British skydiving exhibition. They had a stand there and he bought minutes to fly in the tunnel to be used as and when.  Covid then came so the tunnel shut.  The business then eventually went into liquidation. I think it’s too late for a chargeback ? Like a numpty he got no receipt as he used to work there so knew the directors.  The transaction is the only thing he has and constant emails asking when the tunnel will reopen. 

grumbler

Yes, it's too late for chargeback.

born_again

Snootiestcassie said:

The leisure time was bought January 2021 at a British skydiving exhibition. They had a stand there and he bought minutes to fly in the tunnel to be used as and when.  Covid then came so the tunnel shut.  The business then eventually went into liquidation. I think it’s too late for a chargeback ? Like a numpty he got no receipt as he used to work there so knew the directors.  The transaction is the only thing he has and constant emails asking when the tunnel will reopen. 

Had they taken action at the time it shut down April 2022. They would have been in time for a chargeback. As 540 days from date of debit was around 26 Just 2022.