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Section 75 with many parties involved

sunshinyday
sunshinyday Posts: 15 Forumite
Part of the Furniture 10 Posts Name Dropper Combo Breaker

Hi,

My son's school recently went into administration. We had paid for a school trip that is now not going ahead. Paid via Evolve which then pays the school. I just recevied a refund from Amex cc through section 75 (though dispute still open). Evolve contacted me today to ask me to retract the claim. I'm not sure what to do, or who actually owes us money. Evolve is a third party, the school is under Administrators. Any ideas what do do?

THANK YOU!

Comments

  • born_again
    born_again Posts: 25,127 Forumite
    10,000 Posts Seventh Anniversary Name Dropper

    Sounds like a chargeback, not S75.

    As S75 Amex would not be claiming back form Evolve.

    Best to contact Amex & ask them.

    Life in the slow lane
  • Isthisforreal99
    Isthisforreal99 Posts: 1,487 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 12 May at 6:38PM

    Sounds more like Amex did a chargeback rather than S75 as S75 means the credit card company refunds you out their own pocket.

    Also seems the third parties mean you have no direct creditor debtor contract so any claim is likely to fail and you Evolve the disputed sum.

  • retiredbanker1
    retiredbanker1 Posts: 1,003 Forumite
    500 Posts Third Anniversary Name Dropper

    If you did not pay the school direct you do not have S 75 claim because there is a break in the creditor/debtor relationship.

    IMO AMEX have done a chargeback not a S75 claim - the other side will have 45 days to get AMEX to change their minds.

    As they have already asked you to retract - expect the money to be back on your credit card balance soon.

    If it had been a S75 claim and they found in your favour it would be closed and done and dusted.

    I imagine the original contract was with the school - do you have a copy of the contract?

  • Grumpy_chap
    Grumpy_chap Posts: 21,777 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker

    Is this a state school or public school?

    It is just, in the case of a state school, I would have expected the Local Authority (or Central Government) to have parachute processes that apply.

    In the case of a public school, on what basis is ongoing education being provided.

  • born_again
    born_again Posts: 25,127 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
  • sunshinyday
    sunshinyday Posts: 15 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    No, no contract at all. All I have is a cancellation letter from the holiday company. No idea if they have been paid or if the school kept the money. I think you're right, it is a charge back and as Evolve is a 3rd party, I don't think it's valid

  • sunshinyday
    sunshinyday Posts: 15 Forumite
    Part of the Furniture 10 Posts Name Dropper Combo Breaker

    Public School. The only provision is for Yr 11 and 13 to sit their exams this term. All other children have moved elsewhere.

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