Section 75 refunds - article discussion

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  • lookoutapiano_2
    lookoutapiano_2 Posts: 307 Forumite
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    Hi,

    Id like a bit of advice if possible over a potential section 75 claim.

    My dad purchased for me, as a gift using his credit card a surgical procedure. Unfortunately it has since come to light that the product used was not fit for purpose, there is no doubt in this aspect.

    We have put forward a claim to the credit card company, but they are refusing this on the basis that the procedure was for me, and not my father who the name of the credit card is under.

    I was wondering if there is any comeback on this? The purchase was a gift, and was paid for to the company in full. Had my Dad purchased me an electrical item, or a car, as a gift, though it was for my use, I dont see that the bank would be using this reasoning to turn us away?

    Many thanks
  • bris
    bris Posts: 10,548 Forumite
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    lookoutapiano wrote: »
    Hi,

    Id like a bit of advice if possible over a potential section 75 claim.

    My dad purchased for me, as a gift using his credit card a surgical procedure. Unfortunately it has since come to light that the product used was not fit for purpose, there is no doubt in this aspect.

    We have put forward a claim to the credit card company, but they are refusing this on the basis that the procedure was for me, and not my father who the name of the credit card is under.

    I was wondering if there is any comeback on this? The purchase was a gift, and was paid for to the company in full. Had my Dad purchased me an electrical item, or a car, as a gift, though it was for my use, I dont see that the bank would be using this reasoning to turn us away?

    Many thanks
    You can't make a s75 claim for a gift. The CC holder needs to have the benefit of the goods.
  • lookoutapiano_2
    lookoutapiano_2 Posts: 307 Forumite
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    bris wrote: »
    You can't make a s75 claim for a gift. The CC holder needs to have the benefit of the goods.

    Thankyou very much for your quick response, it was this article on which that is specifically about Christmas purchase, ie. gifts that mentioned how section 75 protects you, so thats why im confused.

    http://www.which.co.uk/money/bills-and-budgeting/guides/make-the-most-of-your-money/your-credit-card-rights-this-christmas/
  • Optimist
    Optimist Posts: 4,556 Forumite
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    lookoutapiano wrote: »
    Thankyou very much for your quick response, it was this article on which that is specifically about Christmas purchase, ie. gifts that mentioned how section 75 protects you, so thats why im confused.

    http://www.which.co.uk/money/bills-and-budgeting/guides/make-the-most-of-your-money/your-credit-card-rights-this-christmas/



    There has to be a linked chain for Section 75 to apply, the Lender, the Borrower and the Supplier. This is in line with Section 12b of the Consumer Credit Act.

    The Ombudsman has ruled that this means that the borrower needs to get some benefit from the translation.

    Your father can still get go into the banks complaints process and finally get a deadlock letter then go himself to the Ombudsman but I don't hold out much hope of a decision in your favour.

    He could also go to court but given the ramifications of a finding in his favour then you can expect the banks to fight it all the way.
    "The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts."

    Bertrand Russell. British author, mathematician, & philosopher (1872 - 1970)
  • lookoutapiano_2
    lookoutapiano_2 Posts: 307 Forumite
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    edited 14 June 2012 at 11:20PM
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    Many thanks for your reply Optimist, very helpful :)
  • ktlou10
    ktlou10 Posts: 15 Forumite
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    Hi I have only recently discovered that you can claim under section 75 and back in 2001 I booked internal flights for a holiday in australia but the airline went bust so I lost my money(paid by credit card/barclaycard which I still have) - I never done anything about it and just reading through these posts wandered is this way too far back to even consider claiming now?
  • derrick
    derrick Posts: 7,424 Forumite
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    ktlou10 wrote: »
    Hi I have only recently discovered that you can claim under section 75 and back in 2001 I booked internal flights for a holiday in australia but the airline went bust so I lost my money(paid by credit card/barclaycard which I still have) - I never done anything about it and just reading through these posts wandered is this way too far back to even consider claiming now?


    Yes it is, the time limit under SoGA,(which is what you would be claiming under), is 6 years, so 11 years after the event is a non starter.

    .
    Don`t steal - the Government doesn`t like the competition


  • DaveW007
    DaveW007 Posts: 382 Forumite
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    ktlou10 wrote: »
    Hi I have only recently discovered that you can claim under section 75 and back in 2001 I booked internal flights for a holiday in australia but the airline went bust so I lost my money(paid by credit card/barclaycard which I still have) - I never done anything about it and just reading through these posts wandered is this way too far back to even consider claiming now?

    To my knowledge there is not a time limit to make a claim under s75 of the Consumer Credit Act.

    If it were me I'd make a claim. It won't cost you anything. Be honest and say you didn't realise you could claim as you only just found out hence the delay.

    You have nothing to loose. If you want any help just pm me.

    Dave
  • Daveyk1975
    Daveyk1975 Posts: 83 Forumite
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    I bought a mobile phone from an online company and it had a faulty screen from day one but decided it was liveable. Eventually after 3 months the screen stopped working all together.

    When retailer finally collected the phone after two weeks of them screwing up the collection, they have said it is out-of-warranty because according to them it has been damaged. They have offered to give me a quote to repair it.

    I have complained and stated that it is against the SOGA but they just say sorry for your disappointment but you will have to pay to get it fixed.

    I have now started a Section 75 claim through Capital One, they are also a company who are useless because called twice and the first time the dept were out on an away day and the second time they were too busy and had to call back in the afternoon. Eventually contacted them through their message service.

    The question I have is, should I have they mobile phone shipped back to me or should I leave it with the company because I am claiming for faulty goods through Section 75?

    Any help would be appreciated :)
  • Reluctant_spender
    Reluctant_spender Posts: 2,785 Forumite
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    I bought a telly on credit card in late 2010 - the telly has develpoed a fault and research online would indicate either trash it or an expensive repair.

    The company has closed down so as the telly is 20 months old would a claim under Section 75 work?
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