Declined Section 75

Smoose89

eskbanker said:

Smoose89 said:

eskbanker said:

Smoose89 said:
I cant get around why they wouldnt show me there receipt or the bank.

They're not under any obligation to show it to you or your bank, but if it reached court then would be required to evidence losses at that stage.  Assuming that bank processed it as chargeback, then the merchant can dispute the claim with very little actual evidence - chargeback isn't a court of law with detailed reviews of each side's claims, so when the merchant basically says that you didn't cancel within the cooling off period, that's likely to be enough for the bank to go on.

Thats good to know thanks, You think ombudsman will be of any use though when i take it to them?

Doubt it, to be honest - based on what you've posted, I don't see that the bank has done much wrong here.

As above, I'm assuming that they've attempted a chargeback, which was defeated by the merchant challenging it, but if so then you could insist on a section 75 claim, which holds the bank directly liable regardless of what the merchant says - they should have explained to you that rejection of the chargeback claim still leaves the possibility of s75.

However, I don't think it would be wise to try to launch a s75 claim unless or until you've assembled more compelling evidence of a breach of contract, which would clearly involve reviewing its terms....

They already raised a s75 already and declined it same response as charge back. The ombudsman wouldn't get involved they said though unless the bank issues a final response complaint. 

Sorry the ombudsman was for towards the company rather than the bank. Sorry i didn't clarify. 
I can't remember which they said they will refer it to. Il let you go i have taken allot of your time. 
Thanks again 👍 appreciate it

ChargebackCharlie

What card scheme was used for the payment? Visa or Mastercard? They have subtle differences that may make a difference to your claim.

What were you told about your cancellation/refund rights at the point of sale when you made the initial payment to them? (This directly relates to my previous question)