Declined Section 75 claim. No valid DCS link

fav68

I hope that someone can help. I was tricked by a roofing company into paying £2500 for 30 minutes work. I later complained to my credit card company that I had been promised a 25 year guarantee for the work but didn't receive it. They declined to raise a Section 75 claim as there was a fourth party involved.

The roofing company wanted £2500 in cash or bank transfer before they started work. I was concerned about that and asked to pay by credit card. The roofer didn't have a card reader but read out my credit card details to someone over the phone. I only found out when I got my credit card statement that the payment had been received by a building supplies company I had never heard off. The involvement of this fourth party meant there wasn't a genuine Debtor/ Creditor/ Supplier link.

I was wondering if anyone has had a similar experience and is there anything I can do

Nasqueron

The credit card company are correct, for S75 you need the direct link from you to the supplier via the credit card company. You could try a chargeback but expect them to challenge it

fav68

My credit card company did try a chargeback but the building supplies company's bank rejected it. They claimed that their merchant had only supplied the materials and did not do the work. This is just not true, there is no evidence that any materials were used by the repair.

HillStreetBlues

I would go about it a different way, I would challenge that payment as you never made it.
You gave the builder the card details to take payment , but he (take it was a he) used it to pay his suppliers. that wasn't an authorised use of the card.

eskbanker

Do you have sufficient contact details for the roofing company to pursue them via small claims, as it appears that you've run out of options via your card company? As ever, there's a difference between a court finding in your favour and you actually seeing the money though…

fav68

I like HillStreetBlues comment. I think I know what to do now, Thanks

Maegi

https://forums.moneysavingexpert.com/discussion/comment/82091398#Comment_82091398

You could attempt a dispute against the merchant (fraud / failure to supply goods) then if that fails - a small claim against them as they're more likely pursuable i.e. have actual assets plus a place of business.

retiredbanker1

https://forums.moneysavingexpert.com/discussion/comment/82091702#Comment_82091702

I don't think this would work.

The contract for the materials is between the builder/roofer and the merchants - nothing to do with the OP even though his credit card was used to make payment.

eskbanker

https://forums.moneysavingexpert.com/discussion/comment/82091702#Comment_82091702

Do you mean attempting a chargeback, as this was already done, but unsuccessfully, and AIUI, there's only one chargeback attempt permitted on any given transaction?

MyRealNameToo

https://forums.moneysavingexpert.com/discussion/comment/82091395#Comment_82091395

The OP states they gave someone on the phone the card details after the builder said that they didnt accept cards… it certainly sounds to me that the OP gave their card details directly to the builders supplier as a work around for the builder not accepting cards.

The OP doesnt say who they thought they were talking to nor how the fact the builder doesnt accept cards was otherwise fixed for other than because they paid someone the builder owed instead.

The OP can pursue the builder directly if they believe there was a breach of contract or unfair contract terms or such but I cant see a way for the bank to be involved, DCS is broken as they didnt pay the builder, they gave their card details to a random voice on the phone and gave them authorisation to take the monies and a chargeback on that has already failed.

eskbanker

The OP doesnt say who they thought they were talking to nor how the fact the builder doesnt accept cards was otherwise fixed for other than because they paid someone the builder owed instead.

OP actually said "The roofer didn't have a card reader but read out my credit card details to someone over the phone", i.e. it was the roofer doing the talking, so it sounds plausible to me that the roofer was claiming that they couldn't take cards in person but that it could be done by phone, e.g. via the company's office.