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  • moonrakerz
    • #2
    • 12th Apr 11, 9:48 PM
    • #2
    • 12th Apr 11, 9:48 PM
    When MaxJet went bust we had two single tickets booked with them UK to LA, costing IIRC about 600 each.
    I claimed the cost of two BA business class tickets from MBNA (Goldfish) which was about 1000 more than we paid for the Maxjet tickets.

    They did try the usual delaying and off-putting tactics at first. I think their staff are given a script on how to reject claims of this sort - as long as you know what you are doing it is easy to run rings round them !
    One character told me that "Mastercard rules" over rode Sect 75 - I soon put him right

    After a couple of letters and 'phone calls, they paid up in full
    • higginsb
    • By higginsb 12th Apr 11, 10:09 PM
    • 20 Posts
    • 69 Thanks
    higginsb
    • #3
    • 12th Apr 11, 10:09 PM
    • #3
    • 12th Apr 11, 10:09 PM
    bought a netbook on nationwide creditcard on which the screen got damaged and was irreparable after 3 weeks. Nationwide have a clause (don't know if this applies to other creditcards) where they will only pay out if the item is not insured thru any other insurance such as house or travel insurance. They therefore would only pay out the excess on our house contents policy of 100.
  • WendyW
    • #4
    • 13th Apr 11, 12:49 AM
    Section 75 Claim Success
    • #4
    • 13th Apr 11, 12:49 AM
    Had a rust problem with an 18 month old washer dryer. Manufacturer, Hotpoint/Indesit, would not accept responsibility because they said the fault was cosmetic, neither would the extended warranty company for the same reason, but Tesco Credit Card accepted their joint liability and met the cost of reparation. They were very courteous and helpful to deal with and I can't praise them enough for the way in which they dealt with my claim.
    Last edited by Former MSE Lee; 14-04-2011 at 1:09 PM.
  • hungrynurse
    • #5
    • 13th Apr 11, 6:37 AM
    • #5
    • 13th Apr 11, 6:37 AM
    brought a gracco pushchair from a small local retailer who unfotinately had gone bust by the time a wheel broke off after 13 months, gracco woulnt take responsibility, and no shop to try, but amex refunded full amount. took about 6 months and several letters though!
    • rosalie-lavender
    • By rosalie-lavender 13th Apr 11, 7:25 AM
    • 1,430 Posts
    • 4,169 Thanks
    rosalie-lavender
    • #6
    • 13th Apr 11, 7:25 AM
    • #6
    • 13th Apr 11, 7:25 AM
    We paid in full full for a mattress and delivery costs. There was a four week wait between ordering and delivery. In the meantime Allders went into liquidation.
    At the time of sale the sales assistant persuaded my husband to renew his out of date store card and pay with that. That sales assistant saved us the loss of well over 300.

    We claimed through section 75 and had our money completely refunded.

    When we tried to find the mattress elsewhere we found it had been made as a special for Allders. Sealy gave us the name of a store in a nearby town that sold a similar one. It was an old fashioned department store with excellent service. Not a penny had to be paid until after delivery, delivery was free and the only charge made was for taking our old mattress away. We not only got our money back under section 75 but found a first class store to deal with as well.
    • thefirs
    • By thefirs 13th Apr 11, 9:08 AM
    • 668 Posts
    • 167 Thanks
    thefirs
    • #7
    • 13th Apr 11, 9:08 AM
    Success with bust airline claim
    • #7
    • 13th Apr 11, 9:08 AM
    In August 2008 my son married to a Canaadian. My wife and I and two of my brothers and their families (11 persons in all) travelled to attend the weddding with the Zoom budget airline. After the wedding but whilst we were all still in Canada the company went into liquidation, leaving us all high and dry.

    It was at this point that I discovered that your insurer disowns you unless you have taken out a rare breed of policy including cover for commercial failure. We all ended up purchasing Air Canada tickets at around 300 each, rather more than the return portions of the original journeys had cost. Although we parents stayed at my son's house, the others had to stay in hotels for three extra days as there was no flight capacity on the original return travel date.

    My credit card company (Capital One) quickly refunded the costs once I had set out the position with copies of receipts etc, including Heathrow/Gatwick transfer and extra parking costs. One brother (Halifax Visa) had costs similarly refunded, with total costs for his branch of the family reaching 2600. My other brother had an interminable runaround with Barclaycard, but eventually had all his reasonable expenses met in addition to the tickets.

    Always pay by credit card on this sort of expense, even if it means a surcharge on the ticket.
    Last edited by Former MSE Lee; 14-04-2011 at 1:08 PM.
  • Normanp
    • #8
    • 13th Apr 11, 12:40 PM
    S75 success
    • #8
    • 13th Apr 11, 12:40 PM
    A while ago now my wife and I attneded one of these holiday club type presentations (not time share but something a bit different and another story!).

    We believed the hype and paid 3500 for mebership.

    After a while it becme obvious that the company were not going to deliver any of the advertised benefits, and the finla straw was when the free holiday offered as an incentive was cancelled becuse the holiday club had not paid the travel company.

    We tried getting our money back through small claims, and although the case was found in our favour the company never attended and never showed any sign of paying up.

    Luckily we had paid using the wifes Barclaycard.

    It took a couple of letters but in the end they repaid "most" of the 3500 they did keep a bit back for admin or something like that. But at lease we got most of our money back.

    Normski
    Last edited by Former MSE Lee; 14-04-2011 at 1:07 PM.
    • GraceCourt
    • By GraceCourt 13th Apr 11, 1:40 PM
    • 188 Posts
    • 106 Thanks
    GraceCourt
    • #9
    • 13th Apr 11, 1:40 PM
    • #9
    • 13th Apr 11, 1:40 PM
    I can offer stories of mixed fortunes about American Express... when Buyers and Sellers Online went bust (covered by MSE here), they had my S.75 refund back in my account within days... excellent service.

    But BEWARE... you have NO S.75 RIGHTS WHATSOEVER if you pay for goods by credit card via Paypal... and what makes it worse, although your Paypal agreement claims to be governed by English law, Paypal refuses to respond to requests for an address for service of legal process within the jurisdiction of the English Courts, and in all dealings with them you will only receive communications from their Luxembourg subsidiary. All they will consider is whether or not to make a refund of the original sum paid under their "Goods Not As Described" (and then only if you pay to send the goods back) or "Goods Not Delivered" policies... nothing more.

    So, even if you have legal consumer rights because you are in the UK, you cannot enforce them unless you take legal proceedings against the seller in the country where the seller is based, which could be in Scotland or in Northern Ireland. The credit card company is NOT liable under S.75 for Paypal purchases, so avoid payment via Paypal in this way wherever possible.

    See more details, and the refusal by Amex to make any S.75 payment, here.
    Last edited by GraceCourt; 13-04-2011 at 1:41 PM. Reason: Errors - typos
    • crittertog
    • By crittertog 13th Apr 11, 1:40 PM
    • 186 Posts
    • 57 Thanks
    crittertog
    I had to use it once when an item I purchased was faulty out-of-the-box. The retailer sent it off to the manufacturer for examination (without the required consent from me), and wouldn't proceed until they'd got a refund from the manufacturer. Despite being refunded by the manufacturer instantly (I contacted them asking if they'd received it and how long it would take), they insisted they hadn't heard back for around a month.

    Immediately after sending the item back, I contacted the card company (HSBC), as I had a "gut feeling" the retailer was going to be difficult. This letter included a demonstration of the defect, and what I wanted doing to rectify the situation (with appropriate references to the supporting sections of the Sales of Goods Act and Consumer Credit Act). I initially got a response from their charge-back department stating that I must allow the retailer to put it right first, and that I must accept a replacement item, rather than demanding a refund (both of which are incorrect, from a legal point-of-view). I sent a second letter challenging their points, which I did not get a response to, quickly followed by a third with the manufacturer's confirmation of defect and refund to the retailer, and a telephone call to a couple of days later to confirm receipt - I was told that it was with their legal department, and between the time of the third letter being sent and me phoning, a credit for the basic cost of the item had been received (although who processed the refund - the card company or retailer - wasn't made clear, I believe it was the card company). My next statement included a refund of the postage charges (both initial and return), and the costs incurred in writing to the card company. Total time to resolution was around 2-3 months.
  • dinnjo
    I booked a hotel in Venice through a website and paid the site a deposit (about 80) with my Barclaycard. Later I paid the website the balance (about 400), using a bank transfer to save the credit card fee. The website then went bust before my holiday. I made a section 75 claim with Barclaycard. They refunded my deposit but argued that as the hotel was still in business they would not be refunding the balance. I thought their argument was nonsense and told them so but they would not change their minds. I then got in touch with the Financial Ombudsman and filled in the appropriate forms. Within a week I got another letter from Barclaycard saying that they had reconsidered my case and they then refunded the balance in full, even though by this time I had cancelled my account with them. Coincidence? I think not.
  • samels001
    Hi, please be aware that although your claim might be valid and the bank concede this the other side's credit card company may try to hide behind the mastercard/Visa rules.

    I had a non-delivery situation (actually to another EU country which the supplier accepted when they accepted our order) - Mastercard refused to accept our claim on the grounds that the supplier was claiming intent to deliver. Yes intent but no actual effort to deliver was ever made. The supplier ended up with our goods and full payment .

    Tesco were super and repaid us in full so they took the full loss of 1600 (they had made an admin error and didn't try to wriggle out of it). Under s.75 we would not have received a penny. I am not sure s75 is as strong and reliable as Money saving expert would have you believe.
  • Oopsadaisy
    Of course the biggest S75 'avoider/scammer' is Paypal/eBay [same entity in case you didn't know].

    They virtually force you to use paypal and make all sorts of claims about ebay protection.......but most cc cos will NOT pay up under s75 for paypal purchases.
  • eleanorf
    On her gap year travels my daughter managed to break one digital camera, have an ipod (left on charge in a communal hostel kitchen!) stolen and the replacement camera, bought on my Nationwide credit card in Malaysia, stolen whilst left in a locked vehicle whilst camping in Australia.
    her travel insurance didnt cover any items left in a vehicle - but would have covered it if she'd left it in the tent!
    I managed to claim the replacement cost of the camera via s75. I remember them asking for all sorts of substantiating evidence, like police reports, the original packaging, instruction leaflets and leads - which she had abandoned on her travels - but they did eventually pay out.
  • aangel240283
    Roughly 6 years ago, I purchased a 120 watch for my friend. She gave me the cash, and i Paid on my credit card. Knowing about the section 75, i was happy to do this for her as buying over the internet with a company that seems legit, but you have never used before you can do with all the back up you can get.

    2 weeks after we still had not received the watch, and no emails were being replied to.

    I contacted my credit card (I think it was capital one at the time), and within a couple of weeks i had my refund.

    We bought a new watch and her husband loved it.

    I have never had to use it since, but i always tell my family and friends that if they are buying over 100, ALWAYS use a credit card.
  • MoneySavingNombre
    A couple of years ago, I had a kitchen on order with MFI. I'd been in on the very last day of the sale and paid a 350 deposit on my kitchen, but not arranged for final delivery date etc as I still had building work going on at the house still - this ran in to difficulties and ran on much longer than anticipated.

    Needless to say, MFI eventually ran into trouble and went into administration.. I rang MBNA the day after to find out what the process was and was told that as MFI had not yet failed to make delivery on the agreed date (and there was no agreed date, because it hadn't been arranged yet) then MBNA would not refund the money unless MFI went into liquidation..

    This went back and forth for 17 phonecalls and letters and numerous missed promised callbacks and responses and with MBNA later saying that I only had 120 days from the date of purchase to make the claim (which had eventually expired due to them putting me off in the first place).

    Eventually... I got the money back, but no apology - would not recommend them!

    Eventually - and admitting no fault on their part
  • Cueman
    Holiday Clubs.
    We have also attended these presentations. One favorite catch of theirs is to tell you that you must sign up on the day or miss the oportunity!!!! We give them all a miss. Stick to discounted hotels of quality.



    A while ago now my wife and I attneded one of these holiday club type presentations (not time share but something a bit different and another story!).

    We believed the hype and paid 3500 for mebership.

    After a while it becme obvious that the company were not going to deliver any of the advertised benefits, and the finla straw was when the free holiday offered as an incentive was cancelled becuse the holiday club had not paid the travel company.

    We tried getting our money back through small claims, and although the case was found in our favour the company never attended and never showed any sign of paying up.

    Luckily we had paid using the wifes Barclaycard.

    It took a couple of letters but in the end they repaid "most" of the 3500 they did keep a bit back for admin or something like that. But at lease we got most of our money back.

    Normski
    Originally posted by Normanp
  • dmg24
    People seem confused between s. 75 claims and claims under the insurance that some CC's offer. s. 75 does not cover you for theft or accidental damage.

    bought a netbook on nationwide creditcard on which the screen got damaged and was irreparable after 3 weeks. Nationwide have a clause (don't know if this applies to other creditcards) where they will only pay out if the item is not insured thru any other insurance such as house or travel insurance. They therefore would only pay out the excess on our house contents policy of 100.
    Originally posted by higginsb
    On her gap year travels my daughter managed to break one digital camera, have an ipod (left on charge in a communal hostel kitchen!) stolen and the replacement camera, bought on my Nationwide credit card in Malaysia, stolen whilst left in a locked vehicle whilst camping in Australia.
    her travel insurance didnt cover any items left in a vehicle - but would have covered it if she'd left it in the tent!
    I managed to claim the replacement cost of the camera via s75. I remember them asking for all sorts of substantiating evidence, like police reports, the original packaging, instruction leaflets and leads - which she had abandoned on her travels - but they did eventually pay out.
    Originally posted by eleanorf
  • savercol
    I booked a hotel in Venice through a website and paid the site a deposit (about 80) with my Barclaycard. Later I paid the website the balance (about 400), using a bank transfer to save the credit card fee. The website then went bust before my holiday. I made a section 75 claim with Barclaycard. They refunded my deposit but argued that as the hotel was still in business they would not be refunding the balance. I thought their argument was nonsense and told them so but they would not change their minds. I then got in touch with the Financial Ombudsman and filled in the appropriate forms. Within a week I got another letter from Barclaycard saying that they had reconsidered my case and they then refunded the balance in full, even though by this time I had cancelled my account with them. Coincidence? I think not.
    Originally posted by dinnjo
    Re Dinnjos post #12
    Worth noting, I believe, that you have to spend at least 100 on the credit card for Section 75 to be active. Everything I buy is paid in part by card for safety.
  • Oopsadaisy
    Re Dinnjos post #12
    Worth noting, I believe, that you have to spend at least 100 on the credit card for Section 75 to be active. Everything I buy is paid in part by card for safety.
    Originally posted by savercol
    Almost right. The cost of the item has to be more than 100 [and less than 30k], there is no lower limit on the amount that has to be on the cc.

    So items costs 6000, pay 1 or 1p on cc to get s75 protection.
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