Section 75 credit card claim and and Insurance Backed Guarantee

Nodig

Hello  please can any body advise me whether it is legal to make  a Section 75 claim and also claim on my insurance backed guarantee for the same faulty installation.  As the credit card has not covered the whole cost of the original installation.  

Thank you  Michelle 

Emmia

What is the unrecovered cost? It is normally the case that the use you've had is factored in, rather than a full "refund". The S.75 claim would also normally require that you've not got money from the retailer/installer/etc 

eskbanker

You're likely to get more informed guidance if you share more of the context, rather than a high-level guess based on hypotheticals and assumptions, although unjust enrichment is obviously best avoided!

PRAISETHESUN

You can't claim for the full amount twice on both methods as that will be fraudulent. However, S75 will cover you for the full price of the item, as long as it is between £100-£30000, even if only part of the balance is paid by card (eg. paying a £1 deposit can cover you for the full amount). If you're over the £30k limit then I think there's no cover full stop, rather than the bank capping their liability to £30k (but I'm happy to be corrected if I've gotten that wrong).

born_again

PRAISETHESUN said:

You can't claim for the full amount twice on both methods as that will be fraudulent. However, S75 will cover you for the full price of the item, as long as it is between £100-£30000, even if only part of the balance is paid by card (eg. paying a £1 deposit can cover you for the full amount). If you're over the £30k limit then I think there's no cover full stop, rather than the bank capping their liability to £30k (but I'm happy to be corrected if I've gotten that wrong).

No, you are  totally correct 👍

OP, no you can not claim for the same issue via 2 different mans. Should either party find out. Then you are not going to be in a good place going forward.

blueberrypie

Reading your post, I think perhaps you mean that the credit card was used as partial payment?

If that's the case, then you don't need to claim any of it on your insurance - Section 75 covers you for the full cost, even if you only paid a deposit on your credit card.

See MSE's info for details: https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

Emmia

blueberrypie said:

Reading your post, I think perhaps you mean that the credit card was used as partial payment?

If that's the case, then you don't need to claim any of it on your insurance - Section 75 covers you for the full cost, even if you only paid a deposit on your credit card.

See MSE's info for details: https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

But, as insurance is in place,  the CC company would expect the OP to claim on that.

Grumpy_chap

Nodig said:

Hello  please can any body advise me whether it is legal to make  a Section 75 claim and also claim on my insurance backed guarantee for the same faulty installation.  As the credit card has not covered the whole cost of the original installation.  

Thank you  Michelle 

Emmia said:

But, as insurance is in place,  the CC company would expect the OP to claim on that.

Well, I am not wholly sure.

S75 only applies to the same extent that the retailer would be liable for some breach.
The insurance might pay but then seek to mitigate losses by recovering from the retailer or S75 finance provider.

It really would help if the OP gave more details of what type of product is involved, the issues arising, age of the product, value involved and what the insurance policy covers.  That would allow the forum to give more complete comments.

Either way, the OP cannot claim the money back from the retailer / financier plus the insurance.

Why is the OP pursuing S75 and not the retailer directly?