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Declined Section 75 claim. No valid DCS link
Comments
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Your opening statement is not necessarily correct, many can and do store card numbers. They are not allowed to store CVC numbers but there is no strict requirement to use CVC for authorisation and some can convince their merchant service providers that using the CVC on first payment but not subsequent shouldnt cause an increase in fees.
Roofer hasnt stored the card number, they simply relayed it. The building supply company presumably has no idea who the card belongs to, they are simply taking a payment from an existing customer to pay off part of their balance. Unless its been changed recently, there is no mechanism for validating the name on a card payment, even AVS only checks the numerical part of the address and will pass even if all the text elements are wrong
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You were there at the time werent you? Did they actually place an order at the time or were they just paying off monies on their account?
Assuming its the later, they will have given their account number or similar and the company just made assumptions. If they take a name or not there is nothing they can do with the name or validate its the name on the card.0 -
The roofer went to his van to initiate the phone call and I don't know what he said to the person on the phone. I suspect he phoned his own office. Once his company had my credit card details and security number they could do what they liked with it.
I think the most likely thing is they paid £2500 towards their trade account with the building suppliers. But the building suppliers (in their letter to my credit card company) stated that the roofing company did not have an account with them and they were not connected to them in any way.
It would be difficult to buy exactly £2500 worth of goods from a builders merchant. It's likely to be £2500.56 or something. That's why I think the money was paid to the builders merchant to settle a trade account.
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OP didn't pay the builder they want to claim S75 from for the work, they paid a third party for materials, there is no D-C-S between the OP and the builder so S75 doesn't apply
Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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What exactly were your grounds for complaint, in terms of what you asserted the card company should have done but didn't (or vice versa)?
You said previously that the merchant defended the chargeback claim on the basis of having supplied materials, so presumably one scenario is that the roofer, while out of earshot, placed an order for goods, which were ultimately supplied to him by the merchant?
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But the highlighted case was about a scenario where the cardholder inadvertently paid a fourth party without their knowledge, and FOS deemed that this didn't break the chain.
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I think the credit card company was wrong to accept the merchant's defence against the chargeback. I told them repeatedly that I hadn't received any goods from that company. It was a 30 minute repair on my roof and there is no evidence that any materials were used.
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But from the perspective of a chargeback claim, I don't think the merchant has to show that they supplied goods to you personally, but simply to the party who placed the order.
Was your complaint to the card company about the chargeback or were you challenging their refusal to pay out under s75, or both?
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chargeback rules are crude, as already explained… for "goods/service not received" if the merchant can show tracking that the goods were delivered then the case automatically fails. Doesnt matter if the drop pin is no where near the address, if the photo shows a high rise block of flats but the customer lives in a detached house etc.
Its intentionally basic, simple to administer and low cost to operate.
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Thanks for that. My original complaint to the credit card company was that I thought I had been scammed by the roofing company. I had booked them to fix a leak due to storm damage. I could see there was a tile out of place but I was unable to get onto the roof to fix it myself. When the roofer came he told me I needed an entire new roof and it was going to cost £34000. He spent over 2 hours trying to persuade me to have that done. Eventually he agreed to just fix the leak and told me it would cost £2500 and would have a 25 year guarantee. He had lifted quite a few tiles to photograph what was underneath, a strip of 13 up to the top of the roof. I hadn't given him permission to do that, he just did it. The repair took 30 minutes and he didn't put the tiles back properly, they are quite uneven.
I didn't get any kind of paperwork for the transaction. I phoned him a couple of times to chase up the guarantee but eventually he stopped answering my calls.
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