Section 75 template letter

Rich_the_owl

Hi,

Does anyone know how I can download the Section 75 template letter. It should be on the below link under "Option 3: Use our template letter," but I don't see anything

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#how

Looks like the page may be corrupted? Or could be an issue at my end

Please can someone provide me the wording or send me a copy of it which will help in a claim I'm making

Thank you

eskbanker

An archived version is visible on the Wayback Machine:

https://web.archive.org/web/20211028060605/https%3A//www.moneysavingexpert.com/content/dam/section75.rtf

sausage_time

I have reported this as an issue to be looked at.

MSE_Stephen

Hi everyone

Thanks for flagging this. We're looking into it.

Nasqueron

https://forums.moneysavingexpert.com/discussion/6665178/section-75-template-letter

You honestly don't need a template letter, they're often less helpful as they're generic or might contain information irrelevant to your case. You can email, write, ring, just ask that they raise an s75 claim against the transaction and go from there

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81973163#Comment_81973163

Yes, having now looked at that template letter, it doesn't really cater for all eventualities, although it's unlikely that there'd be a one-size-fits-all template that would achieve that anyway, given the nuances involved.

Posters wanting assistance with pursuing a creditor under s75 could do worse than posting details on here, in order to get pointers about what to include…

Rich_the_owl

https://forums.moneysavingexpert.com/discussion/comment/81973163#Comment_81973163

Thanks; yes I have raised a case through my Credit Card provider who have sent me an Adobe form to sign and attach evidence. I just wanted to attach a Covering Letter on there with the wording from the template and my bits added

On another note, the transaction was split across 3 Credit Cards. Am I allowed to only claim with 1 provider for the FULL amount? This would be preferable, instead of making 3 separate claims.

2 of the 3 Credit Cards are owned by me, and the other credit card is owned by my spouse. The invoice of the transaction is made out to my spouse. Does this mean we should claim from my spouses Credit Card? Or does it not matter?

Will we still be entitled to the FULL amount under Section 75 given that the 3 Credit Cards are not all owned by the same person?

eskbanker

2 of the 3 Credit Cards are owned by me, and the other credit card is owned by my spouse. The invoice of the transaction is made out to my spouse. Does this mean we should claim from my spouses Credit Card? Or does it not matter?

Yes, it matters a great deal - this is critically important when establishing if a s75 claim is valid, in that the legislation requires an unbroken debtor-creditor-supplier chain, which means that the purchase has to have been made by the primary cardholder, so the claim must be made in your spouse's name, against their card provider.

As long as the item is valued at between £100 and £30,000, the value paid on each card doesn't matter, so if any payment was made with your spouse's card, that provider is on the hook for the entire cost.

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/81974034#Comment_81974034

Section 75 makes the lender fully liable along side the merchant for any breach of contract or misrepresentation irrespective of how much the lender contributed to the purchase. It does however require an unbroken relationship between debtor, lender and merchant ie the person must have a contract with the merchant and it must be their account with the lender (ie no secondary card holders or borrowing other peoples cards) and the lender must have paid the money directly to the merchant (ie rather than you using a booking agent who the lender pays and who then pays on the money to the airline).

If multiple people paid on their credit cards then you need to select one that used their own account (not a secondary card holder) and is also the one thats named on any of the paperwork… obviously a purchase of a cheapish item in store probably has no one named but if it was bought online then there will be a name associated with the purchase. Bigger purchases often will have names even on instore purchases

If that person has two cards that meet the criteria they can claim the full amount from either. Technically they could start a claim from both but must not receive the full amount from both, that would be undue enrichment.

born_again

https://forums.moneysavingexpert.com/discussion/comment/81974034#Comment_81974034

Oh boy, that is going to be messy. I can see you CC possibly declining as the invoice is in spouses name. Then there is the matter of this being over 3 cards, which will lead to arguements over who is going to payout & the amounts from each.

Of course this all depends on amount involved. Total purchase &/or item's cost.

No one could say what you might get, as no ones knows exactly amount or what you claim is about?

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/81974776#Comment_81974776

I don't see why it should be messy?

If the purchaser (as per invoice, etc) paid with one of their own cards, and the rest of the price was paid by someone else (OP), then there's only one card provider on the hook for a s75 claim, namely the spouse's, so don't see why there'd be any arguments between creditors, once OP's initial erroneous claim has been rejected.