Section 75 £100 minimum limit query.

Darthdohnut

Hello everybody. I find myself in a bit of an ongoing situation with Tesco Bank. I'm a bit of a geek and I had orders putting with a collectable company, which has recently went bust.

I had multiple orders with the company, all paid the same way but for simplicity I'll just give details on one order.

The order was a preorder and the company offered a monthly payment option. The order value was £277.00, to be paid over 12 months at a rate of £23.09 a month, which was detailed on my invoice. They set up a payment plan and took the payments for 7 months before they went bust, a total of £161.63.

At this time I contacted Tesco about all the payments and they stated that they could only do a chargeback for payments within the last 120 days, which only covered two payments.

I then asked if I could claim back the rest on section 75. Tesco are stating that the value was lest than £100 and are requesting an invoice showing the full amount, not the installment amounts shown on my original invoice.

Is this correct? I would have thought that the invoice showing the amounts payable over 12 months for one item would suffice but they alnow seem to be ignoring my emails.

As I stated, I have four orders totalling over £1000 so would really like to try and claw back some of this money under Section 75.

Thank you for reading.

born_again

Interesting one.
I would complain & if they still disagree. Let FOS make a judgement.

Chargeback wise.
Have you received the item yet? 

Darthdohnut

Hi. Thanks for your reply. No, I didn't receive any of the items. One item was paid off in full and the three others were 7-8 months into the payment plan, all had more than £150 paid off, even when including the chargeback money refunded by Tesco. 

All invoices show just the one item, with the payment plan dates and amounts, which all match the amounts and dates paid by my credit card.

grumpy_codger

Darthdohnut said:

...

The order was a preorder ...

...I contacted Tesco about all the payments and they stated that they could only do a chargeback for payments within the last 120 days, which only covered two payments.

I think they fobbed you off. That's because "in the case of future-dated items, ..., the 120 day time limit begins once you were due to receive the goods or service." I think in this case 540-day limit still applies.
MSE article - Chargeback

DullGreyGuy

Darthdohnut said:

Hello everybody. I find myself in a bit of an ongoing situation with Tesco Bank. I'm a bit of a geek and I had orders putting with a collectable company, which has recently went bust.

I had multiple orders with the company, all paid the same way but for simplicity I'll just give details on one order.

The order was a preorder and the company offered a monthly payment option. The order value was £277.00, to be paid over 12 months at a rate of £23.09 a month, which was detailed on my invoice. They set up a payment plan and took the payments for 7 months before they went bust, a total of £161.63.

At this time I contacted Tesco about all the payments and they stated that they could only do a chargeback for payments within the last 120 days, which only covered two payments.

I then asked if I could claim back the rest on section 75. Tesco are stating that the value was lest than £100 and are requesting an invoice showing the full amount, not the installment amounts shown on my original invoice.

Is this correct? I would have thought that the invoice showing the amounts payable over 12 months for one item would suffice but they alnow seem to be ignoring my emails.

As I stated, I have four orders totalling over £1000 so would really like to try and claw back some of this money under Section 75.

Thank you for reading.

The exclusions for S75 are broadly:

(3) Subsection (1) does not apply to a claim—

(a) under a non-commercial agreement,

(b) so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000 or

(c) under a debtor-creditor-supplier agreement for running-account credit—

(i) which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii) which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.

Order value is irrelevant, it's the value of the individual goods. So it it was one My Little Unicorn for £277 then you arent caught by B, but if it was 10 Care Bears for £27.70 each then its outside the scope because the single item value is below it. Where things get complicated is where things are sold as sets.

Presumably their credit/installments was an in-house arrangement and not using a finance house? Did you pay using the CC towards the initial payment or was it all on the tick?

Darthdohnut

DullGreyGuy said:

Darthdohnut said:

Hello everybody. I find myself in a bit of an ongoing situation with Tesco Bank. I'm a bit of a geek and I had orders putting with a collectable company, which has recently went bust.

I had multiple orders with the company, all paid the same way but for simplicity I'll just give details on one order.

The order was a preorder and the company offered a monthly payment option. The order value was £277.00, to be paid over 12 months at a rate of £23.09 a month, which was detailed on my invoice. They set up a payment plan and took the payments for 7 months before they went bust, a total of £161.63.

At this time I contacted Tesco about all the payments and they stated that they could only do a chargeback for payments within the last 120 days, which only covered two payments.

I then asked if I could claim back the rest on section 75. Tesco are stating that the value was lest than £100 and are requesting an invoice showing the full amount, not the installment amounts shown on my original invoice.

Is this correct? I would have thought that the invoice showing the amounts payable over 12 months for one item would suffice but they alnow seem to be ignoring my emails.

As I stated, I have four orders totalling over £1000 so would really like to try and claw back some of this money under Section 75.

Thank you for reading.

The exclusions for S75 are broadly:

(3) Subsection (1) does not apply to a claim—

(a) under a non-commercial agreement,

(b) so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000 or

(c) under a debtor-creditor-supplier agreement for running-account credit—

(i) which provides for the making of payments by the debtor in relation to specified periods which, in the case of an agreement which is not secured on land, do not exceed three months, and

(ii) which requires that the number of payments to be made by the debtor in repayments of the whole amount of the credit provided in each such period shall not exceed one.

Order value is irrelevant, it's the value of the individual goods. So it it was one My Little Unicorn for £277 then you arent caught by B, but if it was 10 Care Bears for £27.70 each then its outside the scope because the single item value is below it. Where things get complicated is where things are sold as sets.

Presumably their credit/installments was an in-house arrangement and not using a finance house? Did you pay using the CC towards the initial payment or was it all on the tick?

Hi Thanks for taking the time to reply. It was setup by the company that went bust.
All invoices came from the company and my credit card statements shows that the store was taking the payment and not some third party.

All payments made to the various payment planswere paid via my credit card, so Tesco already has an audit trail to match my initial invoices.

eskbanker

But, putting the instalment plan to one side, is the value of each item over £100?

Darthdohnut

eskbanker said:

But, putting the instalment plan to one side, is the value of each item over £100?

Hi, tha ks for your reply. Yes. Well over a £100 but Tesco are insisting on an invoice which states that amount and not the 12 x £25 which I've got. I've got individual monthly emails showing each payment and for each item but nothing showing the full value. It's a simple matter of just multiplying the amount by the month's but Tesco are still saying the items are less than £100.

The full value would have shown in my account orders with the defunct seller but as they've now shut up shop, I can't access any further details.

Seems to me that Tesco are being deliberately obtuse.

DullGreyGuy

Darthdohnut said:

eskbanker said:

But, putting the instalment plan to one side, is the value of each item over £100?

Hi, tha ks for your reply. Yes. Well over a £100 but Tesco are insisting on an invoice which states that amount and not the 12 x £25 which I've got. I've got individual monthly emails showing each payment and for each item but nothing showing the full value. It's a simple matter of just multiplying the amount by the month's but Tesco are still saying the items are less than £100.

The full value would have shown in my account orders with the defunct seller but as they've now shut up shop, I can't access any further details.

Seems to me that Tesco are being deliberately obtuse.

The devil is in the details and so it's a matter of looking through your evidences for something that shows the purchase value not the payment plan. 

Darthdohnut

DullGreyGuy said:

Darthdohnut said:

eskbanker said:

But, putting the instalment plan to one side, is the value of each item over £100?

Hi, tha ks for your reply. Yes. Well over a £100 but Tesco are insisting on an invoice which states that amount and not the 12 x £25 which I've got. I've got individual monthly emails showing each payment and for each item but nothing showing the full value. It's a simple matter of just multiplying the amount by the month's but Tesco are still saying the items are less than £100.

The full value would have shown in my account orders with the defunct seller but as they've now shut up shop, I can't access any further details.

Seems to me that Tesco are being deliberately obtuse.

The devil is in the details and so it's a matter of looking through your evidences for something that shows the purchase value not the payment plan. 

If that's the case then I'm stuffed. Been through everything and the invoices only state the item ordered, the monthly amount and how many months I've got to pay that amount. All very frustrating.

eskbanker

Darthdohnut said:

DullGreyGuy said:

Darthdohnut said:

eskbanker said:

But, putting the instalment plan to one side, is the value of each item over £100?

Hi, tha ks for your reply. Yes. Well over a £100 but Tesco are insisting on an invoice which states that amount and not the 12 x £25 which I've got. I've got individual monthly emails showing each payment and for each item but nothing showing the full value. It's a simple matter of just multiplying the amount by the month's but Tesco are still saying the items are less than £100.

The full value would have shown in my account orders with the defunct seller but as they've now shut up shop, I can't access any further details.

Seems to me that Tesco are being deliberately obtuse.

The devil is in the details and so it's a matter of looking through your evidences for something that shows the purchase value not the payment plan. 

If that's the case then I'm stuffed. Been through everything and the invoices only state the item ordered, the monthly amount and how many months I've got to pay that amount. All very frustrating.

No order confirmation email when first committing?  Are the monthly invoices worded in such a way as to imply that you're receiving twelve cheap items rather than part-payments for one expensive one?