Lloyds Credit Card and S75 Claim

AliGMcCl

AliGMcCl said:

re DullGrey comment Lloyds should know from my transaction history that I don't do the sort of thing you suggest some people may do as this is the first claim since I've had the card - possibly 10 years or so!!

Past history makes no difference - if they've asked you for proof of purchase and you don't have it then the s75 option isn't going to be open to you.

S75 doesn't actually say anything about a receipt being required though?

MorningcoffeeIV

AliGMcCl said:

AliGMcCl said:

re DullGrey comment Lloyds should know from my transaction history that I don't do the sort of thing you suggest some people may do as this is the first claim since I've had the card - possibly 10 years or so!!

S75 doesn't actually say anything about a receipt being required though?

No, but proof of purchase is.

With the emphasis on 'proof', rather than 'well, possibly'.

born_again

AliGMcCl said:

I took the printer back to the shop - historically they have been pretty good with minor repairs on other items e.g phone screens etc. hence I thought I'd be ol getting the printer of them. However once they saw the error message they said as it was over 60 days old they couldn't return to their supplier so there was nothing they could do.
re DullGrey comment Lloyds should know from my transaction history that I don't do the sort of thing you suggest some people may do as this is the first claim since I've had the card - possibly 10 years or so!!

Transaction history means nothing. Claims are not based on who has or who has not made any claims.
Same as your purchase do not tell bank what you bought (amazing how many people think that retailer sends bank a list of purchases)

Even with a receipt for purchase you would need a report stating issue from a 3rd party for S75. Not covered under chargeback, as would need to be faulty when received.

While retailer is ducking their responsibility, have you contacted printer manufacture (which one & which model) on the matter, as it maybe a simple fix.

eskbanker

MorningcoffeeIV said:

AliGMcCl said:

AliGMcCl said:

re DullGrey comment Lloyds should know from my transaction history that I don't do the sort of thing you suggest some people may do as this is the first claim since I've had the card - possibly 10 years or so!!

S75 doesn't actually say anything about a receipt being required though?

No, but proof of purchase is.

With the emphasis on 'proof', rather than 'well, possibly'.

The legislation itself doesn't refer to receipts or proof of purchase, but clearly when seeking to hold a credit card company liable for a purchase from a different supplier, there needs to be adequate robust information provided to support a claim of breach of contract, so it shouldn't be a surprise that the creditor needs not just evidence of the terms of the contract (which may sometimes be implied) but proof that it existed in the first place, that's more meaningful than an entry on a statement.

There are FOS decisions endorsing this such as:

Mr W suggests we can infer what he purchased from the information we’ve got to hand. In particular, he suggests the entry for D on his credit card statement ought to be enough to settle the proof of purchase issue. I don’t agree. I say this because the information from his credit card statement proves he bought something from D but not what. 

https://www.financial-ombudsman.org.uk/decision/DRN-3752763.pdf

It’s not disputed that in his claim form Mr B said that he didn’t have any proof of purchase save the entry on his credit card statement. Looking at this entry, I’ve seen that it refers to the online payment company, gives the name of the seller and the cost. There is no information as to what was actually purchased.

[...]

There was also no evidence as to the item purchased. Due to the missing evidence there wasn’t enough proof to support a claim under section 75.

https://www.financial-ombudsman.org.uk/decision/DRN-3326155.pdf

DullGreyGuy

AliGMcCl said:

S75 doesn't actually say anything about a receipt being required though?

S75 states that a relationship must exist between Debtor (you), Creditor (your bank) and the supplier... as the claimant it is your obligation to prove those relationships and in particular that you personally were in contract with the supplier to provide you with the goods you now claim are faulty. 

S75 wouldn't apply, for example, if your friend was the contracting party for the printer but you had paid with your CC so they got S75 protection because they don't have a credit card.

In your average retail purchase you don't get a signed 20 page contract of sale and instead a receipt or invoice (maybe for more expensive purchases) is the documentary evidence of the contract.

As per eskbanker's posts above, the ombudsman routinely clarifies that contrary to some of the comments posted on this website, statements alone are not sufficient proof of purchase... clearly if you take statements in store, as this website suggests, the retailer may be able to use the data on them to bring up the receipt. 


If you relationship with the vendor hasn't totally broken down why not just ask them for a copy receipt?

AliGMcCl

Hi popped into the retailer last Friday and he refused to give me a receipt - I think he knows that without the "evidence" of a receipt I have a problem enforcing my rights. 
So it looks as if I'm out of pocket, no printer and no means of sensible redress.
I did believe that most Credit Card Companies have what is called "enabled reporting" of card transactions which basically lets them know what is being bought by cardholders for their own business interests.

grumbler

What about the manufacturer's warranty?
Regardless, what I've done once with a recessed light from Screwfix, was buying a new light and bringing the old faulty light back few days later. In that case I could have sent the faulty light to the manufacturer and get a replacement, but it was easier to take it to SF.
In your case I don't think that the shop takes any note of the serial number when selling a printer.

DullGreyGuy

AliGMcCl said:

I did believe that most Credit Card Companies have what is called "enabled reporting" of card transactions which basically lets them know what is being bought by cardholders for their own business interests.

In the US its an option for the merchant to provide data in exchange for lower fees but its still reported in categories and merchants have three tiers/grain of detail to choose from. None would go as far as saying the purchase was for an Epson PCP23234r, if you're lucky the third tier may be inkjet -v- laser printer but you'd have to have bought from a merchant sharing that level of detail. 

Never seen any evidence of such systems being used in the UK and would imagine it would be a notable challenge under GDPR if Boots was reporting your purchase of thrush or haemorrhoid creams to Lloyds, effectively sharing medical data.