Section 75 and payments through MyPos

molerat

I would raise a formal complaint with Amex and take it to the ombudsman on the basis that you did not have an account with MyPos and the supplier used their services purely as a payment processor and not a third party intermediary. This is completely different to paying by Paypal where you log in to your account.

DullGreyGuy

Clive_Woody said:

It's interesting that myPos has a "blog" talking about chargeback and S75, but it does seem that companies who use their service would avoid the risk of customers making an s75 claim as they would be rejected.

There was a recent(ish) article about PayPal, Apple pay and similar and how they also would not qualify for s75 protection.

Nice idea @clive_woody were it not for the fact that Banks not the merchant are the ones that suffer from S75 claims and the extra party doesn't stop chargebacks

PayPal is different because if you use your account you put your money into that account and then transfer it to the merchant which sits in their PayPal account until such times as they withdraw it.

ApplePay is just an alternative card number/authorisation process, the monies doesn't flow through them so cannot breach S75.

There has been questions if non-traditional merchant account services like Zettle, SumUp etc would breach the S75 requirements or not. Certainly those companies at the time felt it shouldn't. 

The problem is S75 was written in a different time and considered in store finance not credit cards. In fact S75 shouldn't work at all for credit cards because there is a fourth party involved in the form of the Merchant/Acquiring Bank for the merchant but the courts have previous ruled that this is acceptable.

Its worth the OP reading https://www.financial-ombudsman.org.uk/decision/DRN2964727.pdf which is similar other than it appears to be an Amazon Marketplace purchase (at a guess given the text and that the Ombudsman tends to use the first letter of the real name) where they disagreed with AmEx and overruled that the payment processor invalidated the claim (the complaint it turned down but that's because the ombudsman disagreed with the customer that the product was mis-described) 

born_again

aj9648 said:

born_again said:

I take it that this is a long time ago as this is prime chargeback rights. No worries around 3rd party payments with them.

Half of it was paid by credit card which chargeback has been established and corrected.  The other half by debit card hence the reason for a S75

Ah. Makes sense.

You can chargeback on a debit card, so depends on how long ago this was as will be120 days from date of holiday, up to a max of 540 days from date of debit.

km1500

I believe that should you make a complaint to AmEx and then if necessary to the ombudsman and the ombudsman would have a good chance of siding with you because there is no way the customer knows about which payment processor (if any) is being used when paying by credit card

the credit cards are definitely trying it on as they are probably fed up with s75 and are trying to get out of it in as many ways as possible