Section 75 - no use for secondary card holders?

DullGreyGuy

Mishomeister said:

Supplier failure is one, but also things like cancellations due to natural disasters eg, vulcano eruptions or also things like COVID.

Section 75 came very useful when our flights with Ryanair got cancelled due to Covid pandemics and Ryanair were trying to force us in to taking a voucher.

Most of those are covered by a decent travel insurance policy. Pandemic historically wouldn't have been and governments closing the border as a result of pandemic likewise but insurers move with the time and many have adjusted since

*cogs*

Jumping on this thread, rather than starting another...

My wife paid for some click vinyl flooring for our home, but we've had issues and the retailer wont help even though it's under a "lifetime guarantee". My wife used her CC, but I did the flooring order and the invoice is in my name. The CC provider has stated we do no qualify for S75 cover as the order is not in her name, even though we live together and obviously the flooring is used by us both! We have tried challenging the decision from CC issuer but no joy... 

DullGreyGuy

*cogs* said:

Jumping on this thread, rather than starting another...

My wife paid for some click vinyl flooring for our home, but we've had issues and the retailer wont help even though it's under a "lifetime guarantee". My wife used her CC, but I did the flooring order and the invoice is in my name. The CC provider has stated we do no qualify for S75 cover as the order is not in her name, even though we live together and obviously the flooring is used by us both! We have tried challenging the decision from CC issuer but no joy... 

By the strict letter of S75 they are correct, you broke the Debtor, Creditor, Supplier chain as the debtor has no contract with the supplier. 

Ultimately you can complain and escalate the mater to the Ombudsman who does on occasion consider what is "fair" rather than strictly what the law states but your chances arent great. You would need to focus on the fact it was a joint purchase and explain why it wasnt in joint names on the invoice. 

*cogs*

thank you for the guidance - will give try the Ombudsman a try

Nasqueron

*cogs* said:

thank you for the guidance - will give try the Ombudsman a try

You have to complain to the firm first then give them the 8 week period before you can go to the FOS - if the complaint hasn't been looked at by the card issuer, the FOS will give them a chance to look at it

2_4

Sorry to hijack the thread but thought better than starting a new one. My dad is a supplementary Amex holder on my account and is looking to pay for a very expensive holiday with the card. The company only accept through PayPal but I believe this is now covered? Actually there are as few issues and above on all would be greatly appreciated.

1 Is it better to use my card

2 is PayPal now ok? This would be not using a PayPal account, just the agent’s system through PayPal.

3 Does travel insurance cover if the company go bust?

4 it is a private tour so I’m unsure about the agent being the seller or a third party. They are who my parents have been dealing with but they will be staying in hotels that obviously the agent doesn’t own etc

Thanks as lot for any advice!

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82183633#Comment_82183633

For section 75 to apply you must show a direct link between the Debtor (you), the Creditor (your card issuer) and the Supplier. You simply paying for the holiday isnt enough as whilst you have a direct relation with the creditor via your credit agreement you have no relationship with the vendor as its your father that is in contract with them.

If you buy a package holiday then you arent paying each supplier directly and so that can also cause problems but it really depends what risks you are hoping to guard against. S75 only covers breach of contract and misrepresentations by the supplier it wouldnt, for example, cover you being too ill to travel as that isnt the suppliers fault. If it is a true package holiday covered by UK legislation then it may be slightly better as tour operators do have more responsibility than simply booking components of a holiday via agents.

Paypal will depend on which version, if they are simply acting as a card processor then that is fine, the highest court a long time ago already ruled that implicitly card processors are ignored but PayPal can act as more than this and then it fails.

Travel insurance can provide cover for supplier failure, its less common now than it used to be but it really depends on if you buy your insurance based on who is cheapest or who provides the cover you want at a reasonable price.

2_4

If hepays a small part on his personal card and I pay the bulk is the full amount covered (if it turns out to be covered, generally)?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82183768#Comment_82183768

if he pays a small part on his own credit card it then doesnt matter where the rest is funded from so no advantage of adding the complexity of you paying on your card rather than him paying on his secondary card

Nasqueron

While worth doing as it costs you nothing for that extra bit of cover, remember travel insurance is vastly more important than trying to get S75 cover which is rather niche especially when you are not booking directly with the airline and hotel as the travel company breaks the link between you, the supplier and the credit card firm (though sometimes it is possible to use it against the travel company). The UK consumer protections are also worth noting when buying packaged holidays