Section 75 refunds - article discussion

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  • AW01
    AW01 Posts: 1 Newbie
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    Hi

    A couple of years ago I signed up to a franchise. I paid the deposit via my Barclaycard. The franchisor wnet bankrupt just after I paid the balance of the franchise fee. I claimed the deposit back from Barclaycard and they refunded me. At no time did they mantion the section 75 rule. I had paid the balance from a bank account and now have claimed under the section 75 rules. However although they have already refunded my deposit they have refused the claim for the balance as it was for business purposes and therefore not covered.

    Is this correct or should I take this to the Ombudsman?

    Cheers

    Alec
  • DaveW007
    DaveW007 Posts: 382 Forumite
    First Post First Anniversary Combo Breaker
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    Hi

    Is there a time limit on making a claim under S75?

    The reason I ask is this:

    A couple of years ago we purchased a nearly new Vauxhall from what was then our local main dealer. We paid £500.00 on credit card and financed the rest.

    Shortly after having the car the emissions control light came on permanently. We went back to Vauxhall who stated it is common on the model we had and not to worry. We were told that we would have to pay almost £1000. 00 for a new ECU if we wanted the light to go out. Vauxhall were adamant they wouldn't have the car back but did agree to free servicing for 2 years.

    Now the situation we are in is that warning lights are part of the MOT and it won't pass this year. Can't afford £1000.00 for the ECU nor can we afford to take it off the road.

    To top it all out local main dealer is no longer there.

    Can we make a claim on our credit card at all?
  • [Deleted User]
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    DaveW007 wrote: »
    Hi

    Is there a time limit on making a claim under S75?

    The reason I ask is this:

    A couple of years ago we purchased a nearly new Vauxhall from what was then our local main dealer. We paid £500.00 on credit card and financed the rest.

    Shortly after having the car the emissions control light came on permanently. We went back to Vauxhall who stated it is common on the model we had and not to worry. We were told that we would have to pay almost £1000. 00 for a new ECU if we wanted the light to go out. Vauxhall were adamant they wouldn't have the car back but did agree to free servicing for 2 years.

    Now the situation we are in is that warning lights are part of the MOT and it won't pass this year. Can't afford £1000.00 for the ECU nor can we afford to take it off the road.

    To top it all out local main dealer is no longer there.

    Can we make a claim on our credit card at all?

    There is no time limit to S75. Did you accept the 2 years free servicing? If so, probs best not to mention this to the credit card company, they will see this as settlement to the issue. Remember your entitled to claim for the whole amount, so claiming for a figure in the middle shows your being 'reasonable' so to speak.

    Send a letter off to the credit card company (registered post of course), use the MSE template, you shouldn't go wrong :)
  • [Deleted User]
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    AW01 wrote: »
    Hi

    A couple of years ago I signed up to a franchise. I paid the deposit via my Barclaycard. The franchisor wnet bankrupt just after I paid the balance of the franchise fee. I claimed the deposit back from Barclaycard and they refunded me. At no time did they mantion the section 75 rule. I had paid the balance from a bank account and now have claimed under the section 75 rules. However although they have already refunded my deposit they have refused the claim for the balance as it was for business purposes and therefore not covered.

    Is this correct or should I take this to the Ombudsman?

    Cheers

    Alec


    You should always take to the ombudsman if you don't succeed the first time. Its free so why not? I'm not entirely sure so don't take my word for it, but if the initial refund was not under S75 rules, then I think you should be ok.
  • DaveW007
    DaveW007 Posts: 382 Forumite
    First Post First Anniversary Combo Breaker
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    There is no time limit to S75. Did you accept the 2 years free servicing? If so, probs best not to mention this to the credit card company, they will see this as settlement to the issue. Remember your entitled to claim for the whole amount, so claiming for a figure in the middle shows your being 'reasonable' so to speak.

    Send a letter off to the credit card company (registered post of course), use the MSE template, you shouldn't go wrong :)

    Thanks for your help.

    Where can I find the template?

    Thanks
  • cagzy
    cagzy Posts: 5 Forumite
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    Hi,

    Can I claim a refund on my credit card (Capital One)?:

    I booked a package holiday to Sharm el Sheikh and have so far only paid the deposit (£200 initial low deposit with my credit card, and the £150 top up with my debit card).

    I want to cancel the holiday because the person who I am booked to go with has decided he no longer wants to go to Egypt because of the unrest there and does not want to commit to a different holiday just yet, so I need to cancel soon so I don't go within the 70 days before travel where I will lose more than just my deposit.

    Can I claim from Capital One just because I have decided I want to cancel my holiday?

    Thanks.
  • Optimist
    Optimist Posts: 4,556 Forumite
    First Anniversary
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    cagzy wrote: »
    Hi,

    Can I claim a refund on my credit card (Capital One)?:

    I booked a package holiday to Sharm el Sheikh and have so far only paid the deposit (£200 initial low deposit with my credit card, and the £150 top up with my debit card).

    I want to cancel the holiday because the person who I am booked to go with has decided he no longer wants to go to Egypt because of the unrest there and does not want to commit to a different holiday just yet, so I need to cancel soon so I don't go within the 70 days before travel where I will lose more than just my deposit.

    Can I claim from Capital One just because I have decided I want to cancel my holiday?

    Thanks.


    Given that there seems to have been no misrepresentation or breach of contract on the holiday suppliers part I am at a loss to understand why you would think the credit card company are going to refund you for your/your friends change of mind.

    Other than for travel to the north of Sinai there are no warnings in force other than general good sense (see link) for travel to Egypt.

    You will need to cancel with the holiday company if you wish to cancel and loose that proportion of your deposit as per the terms
    "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)
  • cagzy
    cagzy Posts: 5 Forumite
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    Just what I thought, but wanted to make sure and be able to show my friend proof. Thanks.
  • Gemmzie
    Gemmzie Posts: 14,876 Forumite
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    I have faulty bed. Black Horse (who I financed the bed through) have said that I need to get an independent report completed and send it to them and then they'll decide whether it's reasonable to refund it.
    The Furniture Ombudsman is quoting £350 + VAT for a check - do I have to pay this?
    No longer using this account for new posts from 2013
  • [Deleted User]
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    DaveW007 wrote: »
    Thanks for your help.

    Where can I find the template?

    Thanks

    on the section 75 page of this website!

    http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

    direct:

    http://www.moneysavingexpert.com/redir/f241d59c

    :)
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