S75 help

Shopper1315

Just looking for some advice. I bought something from a company that has subsequently gone into liquidation. The company was based in America and I didn’t get the service that I paid for. 

I submitted a section 75 claim from the credit card provider and have received an email to state that a payment will be made to myself. Just wondering with section 75 is there any comeback so is there any possibility that the amount that has been paid to me will be reversed or will the company all the companies administrators attempt to take the money back?

CliveOfIndia

No, you'll be fine - it's a chargeback that can be reversed.  If your bank have accepted and paid the claim, that's the end of it as far as you're concerned.

Whether they then choose to pursue the company's administrators to recoup their loss is up to them, but that's of no concern to you

DullGreyGuy

CliveOfIndia said:

No, you'll be fine - it's a chargeback that can be reversed.  If your bank have accepted and paid the claim, that's the end of it as far as you're concerned.

Whether they then choose to pursue the company's administrators to recoup their loss is up to them, but that's of no concern to you

The OP's bank will have gotten the money from the Supplier's Merchant Bank... it's up to their bank if they pursue them or not. 

The Administrator for the Supplier will be notified of the chargeback and will clearly look to see if they agree the service wasn't given. Assuming they agree they won't contest it and the refund will stand. If the company records show service was given then they potentially will contest. This contract was presumably bound under a US legal jurisdiction which typically is much less consumer focused than the UK

Shopper1315

Not sure if it makes any difference but the wording in the settlement offer ex gratis full and final without admission of any liability 

born_again

Shopper1315 said:

Not sure if it makes any difference but the wording in the settlement offer ex gratis full and final without admission of any liability 

Well that's a S75 claim..

As far as you go banks has paid out end of story.

Shopper1315

I asked the card company today if it’s a permanent refund and they advised it is temporary credit as the dispute process still ongoing. If the retailer didn't challenge the claim after the 60days then the credit will be permanent on the account.

eskbanker

Shopper1315 said:

Not sure if it makes any difference but the wording in the settlement offer ex gratis full and final without admission of any liability 

Shopper1315 said:

I asked the card company today if it’s a permanent refund and they advised it is temporary credit as the dispute process still ongoing. If the retailer didn't challenge the claim after the 60days then the credit will be permanent on the account.

The reference to 'full and final' in the first of these two posts implied that it was handled as s75, but 'temporary' in the second clearly indicates being processed as chargeback, where, as stated, it can be challenged.  Merchants have been known to pursue cardholders directly long after failing to challenge chargeback claims so even after successful conclusion of a chargeback it's not truly final, but it would be unlikely for anyone to pursue you for the money if the company has gone bust.

born_again

Shopper1315 said:

I asked the card company today if it’s a permanent refund and they advised it is temporary credit as the dispute process still ongoing. If the retailer didn't challenge the claim after the 60days then the credit will be permanent on the account.

That muddies the waters...
As above. Now sounds like a chargeback.

Who is the company? Not SmileDirect is it?

Shopper1315

born_again said:

Shopper1315 said:

I asked the card company today if it’s a permanent refund and they advised it is temporary credit as the dispute process still ongoing. If the retailer didn't challenge the claim after the 60days then the credit will be permanent on the account.

That muddies the waters...
As above. Now sounds like a chargeback.

Who is the company? Not SmileDirect is it?

Yep smile direct club!

Shopper1315

Just an update - today my credit card company confirmed the dispute is closed and I have my money back. 

born_again

Shopper1315 said:

Just an update - today my credit card company confirmed the dispute is closed and I have my money back. 

Keep fingers crossed that the co do not go the legal route now.