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Section 75 Question

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  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper

    Sorry, this is going to be a very iffy answer. Will depend on the card provider. Some will argue no DC link, other will simply cover it as good will.  
    On what basis can they argue there is no Debtor Creditor link? I mean assuming "her card" is also "her account" and not a secondary cardholder of the OP's account. 
  • born_again
    born_again Posts: 20,552 Forumite
    10,000 Posts Fifth Anniversary Name Dropper

    Sorry, this is going to be a very iffy answer. Will depend on the card provider. Some will argue no DC link, other will simply cover it as good will.  
    On what basis can they argue there is no Debtor Creditor link? I mean assuming "her card" is also "her account" and not a secondary cardholder of the OP's account. 
    On the basis that they were not her boots. 
    Life in the slow lane
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper

    Sorry, this is going to be a very iffy answer. Will depend on the card provider. Some will argue no DC link, other will simply cover it as good will.  
    On what basis can they argue there is no Debtor Creditor link? I mean assuming "her card" is also "her account" and not a secondary cardholder of the OP's account. 
    On the basis that they were not her boots. 
    The that would be the DS link you are denying then but the invoice in her name proves she was in contract with the supplier which is the required link

    As noted in the linked FOS case, it was open from the outset that the debtor was buying a gift for their son to be delivered directly to them but the paperwork was messed up. FOS correctly upheld the case on the basis the debtor was the contracting party. 
  • born_again
    born_again Posts: 20,552 Forumite
    10,000 Posts Fifth Anniversary Name Dropper

    Sorry, this is going to be a very iffy answer. Will depend on the card provider. Some will argue no DC link, other will simply cover it as good will.  
    On what basis can they argue there is no Debtor Creditor link? I mean assuming "her card" is also "her account" and not a secondary cardholder of the OP's account. 
    On the basis that they were not her boots. 
    The that would be the DS link you are denying then but the invoice in her name proves she was in contract with the supplier which is the required link

    As noted in the linked FOS case, it was open from the outset that the debtor was buying a gift for their son to be delivered directly to them but the paperwork was messed up. FOS correctly upheld the case on the basis the debtor was the contracting party. 
    Agree, but how many people would not simply take the word of the card provider?
    Life in the slow lane
  • Thanks for further comments, no it's just her card, her account, etc, nothing to do with me at all. 

    Order placed and hopefully won't have to find out how the bank views this one!

    In the game of chess you can never let your adversary see your pieces
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper

    Sorry, this is going to be a very iffy answer. Will depend on the card provider. Some will argue no DC link, other will simply cover it as good will.  
    On what basis can they argue there is no Debtor Creditor link? I mean assuming "her card" is also "her account" and not a secondary cardholder of the OP's account. 
    On the basis that they were not her boots. 
    The that would be the DS link you are denying then but the invoice in her name proves she was in contract with the supplier which is the required link

    As noted in the linked FOS case, it was open from the outset that the debtor was buying a gift for their son to be delivered directly to them but the paperwork was messed up. FOS correctly upheld the case on the basis the debtor was the contracting party. 
    Agree, but how many people would not simply take the word of the card provider?
    And yet its us insurers that get the reputation for denying all claims by hook or by crook 
  • born_again
    born_again Posts: 20,552 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    And yet its us insurers that get the reputation for denying all claims by hook or by crook 
    That's the way the cookie crumbles.

    End of the day, if there is a legal way out. Neither have done anything wrong.👍 Both are businesses, which as such to their stakeholders, should not be handing out cash when there is not need. Just like any other companies.
    Life in the slow lane
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