Nursing home assessment fee

diggerpony

Does section 75 cover me if I pay a nursing home assessment fee for my parent? The cost is over £150. If the nursing home cannot accommodate my parents they say they will refund the fee. This is unusual for me, no one has asked for an assessment payment before and I am concerned if they cannot accommodate my parent I will have a long drawn out battle to reclaim my money. Any advice please,? Other than look at other homes as my choices are limited.  Thank you 

SiliconChip

I doubt if a S75 claim would be successful as you are not the beneficiary of the credit. But there's a good chance that a Chargeback would work. Make sure you get written evidence that the fee has been paid and that a refund is due if your parent cannot be accomodated.

born_again

1st question would be will they take a credit card?

Maybe a typo, but you mention Parent, then parent's? If both, then is the cost £75 each?

diggerpony

Sorry was a typo, just one parent 

MorningcoffeeIV

You wouldn't want a s75 if the refund didn't materialize - just a straight chargeback.

diggerpony

My concern was the possible length of time it may take to get a refund , just a review I read that someone had waited months

MorningcoffeeIV

That's why you'd use chargeback, not s75, if there was an issue.

born_again

diggerpony said:

My concern was the possible length of time it may take to get a refund , just a review I read that someone had waited months

S75 is never a quick process at best of times.

eddddy

SiliconChip said:

I doubt if a S75 claim would be successful as you are not the beneficiary of the credit. 

As far as the law is concerned, it's not really a case of who the beneficiary is - it's a case of who the contract is between.

There needs to be a 'debtor-creditor-supplier' relationship.

Section 75 protection would usually apply if the contractual relationship is like this...

• There is a contract between the OP and the nursing home (e.g. the OP's name is stated on the invoice)
• the OP pays using the OP's credit card 
• the contract is for an assessment of the OP's parent 

But Section 75 protection wouldn't apply if the contractual relationship is like this (no 'debtor-creditor-supplier' relationship)...

• There is a contract between the OP's parent and the nursing home (e.g. the OP's parent's name is stated on the invoice)
• the OP pays using the OP's credit card
• the contract is for an assessment of the OP's parent 

But as others say, a chargeback might be an easier route.

lr1277

As this thread is still going, I'll add my two penneth.

This is purely my view.

S75 if the goods/service have not been supplied say because the supplier goes bust. Would be different i they didn't have something you wanted in stock.

In this case you are paying for the assessment and not for the ongoing place in the home. If they provide the assessment they have fulfilled their end of the contract.

It is their goodwill that will return the money to you if they cannot provide a place in the home.

So chargeback is the way forward.

Also pleae remember, with S75, the money comes out of the credit providers pocket and some providers try harder than others not to pay unless they absolutely have to.

With chargeback, the money comes out ofthe suppliers' pocket. They can dispute the chargeback, but in this instance they shouldn't as they have said they will return the money if no place is forthcoming. But obviously give the nursing home a week or so to return the money before telling the home you will initiate chargeback and then initiating chargeback.

eddddy

lr1277 said:

S75 if the goods/service have not been supplied say because the supplier goes bust. 

That would be just one example of a breach of contract.

S75 makes the credit card company jointly liable for losses resulting from any breach of contract or misrepresentation.


For example, it sounds like the OP's contract with the nursing home would say something like:  "If the nursing home cannot accommodate the OP's parent, then the nursing home will refund £150"

... and if the nursing home didn't refund the £150.... then that would be a breach of contract. So it's likely that a s75 claim would succeed.