Section 75 charge back

Doobymafirkin

Hi ,
I've tried to claim under section 75 as goods not as described/received.  I bought my daughter an online course to help towards starting your own business.  Offering advice on how to go about it etc using media platforms etc and offer advice when questions asked. It just isn't working at all and the firm just doesn't seem to offer support when needed. So we were trying to claim under section 75. Halifax have no got back after months of to and fro and said because the contract was for my daughter in my daughters name we don't have a valid claim . Is this correct ? I know its all red tape etc but really !! Does it actually matter who it was for ?? That card was used for the purchase and I paid the balance off the card so it's actually me out of pocket regardless of  who's name is on the contract . Can you guys offer any advice or is there some other avenues we can explore regarding claiming our money back ?
Thanks for any help 

DullGreyGuy

Doobymafirkin said:

Hi ,
I've tried to claim under section 75 as goods not as described/received.  I bought my daughter an online course to help towards starting your own business.  Offering advice on how to go about it etc using media platforms etc and offer advice when questions asked. It just isn't working at all and the firm just doesn't seem to offer support when needed. So we were trying to claim under section 75. Halifax have no got back after months of to and fro and said because the contract was for my daughter in my daughters name we don't have a valid claim . Is this correct ? I know its all red tape etc but really !! Does it actually matter who it was for ?? That card was used for the purchase and I paid the balance off the card so it's actually me out of pocket regardless of  who's name is on the contract . Can you guys offer any advice or is there some other avenues we can explore regarding claiming our money back ?
Thanks for any help 

The CCA S75 required there to be a direct relationship between the Debtor (you), the Creditor (your bank) and the Supplier (the training business). So if the invoice/contract is in the name of your daughter then you do not have a relationship with the Supplier and therefore S75 does not apply. 

Is there a reason it wasnt considered as a Chargeback before going to S75? That doesnt require the relationship. 

Alternatively, look through the emails/paperwork for anything that shows that you were the one entering into a contract even if your daughter was going to be the student. 

born_again

To expand on the above. Could not see a chargeback working as you are looking at a very subjective reason.
" It just isn't working at all and the firm just doesn't seem to offer support when needed." All company would have to do is provide that they have many happy customers & you would lose.

Again as above is correct. But also you would have to prove breach of contract &/or misrepresentation, Again you are in the realms of subjective.

Doobymafirkin

Thanks for your advice guys, much appreciated:-)
Do you think there Is any other avenue i could try and go down ? 
Regards 

DullGreyGuy

Court is the other mechanism to get the money back but you will need to check which legal jurisdiction applied to the contract and as the contract is in your daughters name she is the one that would have to sue.

Outside of that maybe treat it more of an IT issue and get your personal tech support friend/family member to try and help get the media to play.