Section 75 refunds - article discussion
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Daddyfixit wrote: »Hi,
I signed up to an electrical training course just over 3 years ago which was one of these distance learning packages. The Rep came to my house and explained it all and said the course could be completed in my own time. I had recently been made redundant and was desperate to try and start a fresh. I signed the paperwork which involved taking out a Barclays interest free loan. I paid a deposit of £100 with my credit card and started the course and progressed at my own pace without any urgency because I could complete it "in my own time". I had by now found work so was mainly concentrating on providing for my family.
I found a couple of months back that when I tried to log onto this companies web site to submit an my next exam my account was blocked. When I rang them I was told that my course had expired because I had exceeded the 3 year limit and I was told that I would not be able to continue.
I was not aware of this 3 year limit, but I did find a tick box of the contract confirming it. I had been led to believe by the rep that I could take as long as possible. I have written the company a letter and had a phone conversation with them but they are adamant that I can not continue.
The course cost £5700 of which I am still paying off the loan. Could I make a section 75 claim, and should It be to the credit card or Barclays who I am paying. I guess the training company don't actually care as they have had their money?
Thanks
Section 75 is only applicable if there has been a breach of contract in any form.
It would seem from what you have written that your contract stated that you had three years to complete but you didn't notice it. Thus on the face of it there is no breach so it would be highly doubtful if a Section 75 claim would be entertained.
Unless you have something in writing then I fear you are going to have a job proving the salesman said you could do the course over a unlimited timescale."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)0 -
I am the main cardholder on a credit card, my husband is a secondary holder. We booked an expensive holiday and paid the deposit with his card. If I pay the balance on a cc we will pay over £300 in fees therefore I will pay the balance by cheque. As the holiday is for both of us, I assume that we will be covered if the company goes out of business, as the holiday is for both of us.0
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Daveyk1975 wrote: »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
My wife has jus had a call from Capital One this morning and they are claiming that there is no 'breach of contract' because we didn't inform them of the fault when it first occurred.
I am sure that they can't do this?
We really need the phone back and I have just asked the company who have the phone to quote me a price for repair.
Would this effect my claim for damages/replacement if I contact the financial ombudsman?0 -
Call the Financial Ombudsman Service and ask for advice. They're really helpful.digital0
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I am the main cardholder on a credit card, my husband is a secondary holder. We booked an expensive holiday and paid the deposit with his card. If I pay the balance on a cc we will pay over £300 in fees therefore I will pay the balance by cheque. As the holiday is for both of us, I assume that we will be covered if the company goes out of business, as the holiday is for both of us.
Yes as you will benefit from the transaction, if you want belts and braces, pay say £10 of the balance on your card, then the rest by cheque, then you won't be worrying.
.Don`t steal - the Government doesn`t like the competition0 -
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Don't fill in the form until you have spoken to the FOS. They will answer all of your questions.Daveyk1975 wrote: »Thanks for the advice.
I am just starting to put the form together.
Will it make any difference because I have contacted the company I got the phone from for a repair (I really need the phone back)?digital0 -
Hi,
I am looking for some advice about the applicability of section 75 to the purchase of a second hand car.
I purchased the car at the end of 2011 on my visa card, over the recent months there have been a few problems with the vehicle surfacing which if have had repaired at my own expense. The problems culminated this week with a major lose of power and a large oil leak.
I'm currently waiting for the report from the garage but wondered if the repair is serious, do I have the opportunity to claim for the cost of the car or the repairs against my visa provider due to the goods I purchased not delivering the expected level of service.
Any advice on this would be greatly appreciated.
Thanks0 -
We accepted a quote from a window manufacturer to supply and fit new windows, totalling £30,500. Quote was sub-divided into payment sections detailing cost of materials (c.£24,500) plus cost to supply fitment services (c.£6,000). Initial deposit (£1,000) was made via M&S credit card, followed by further direct money transfers totalling £14,000 - total c.£15,000 outlaid.
Window manufacturer has gone into liquidation before delivery of windows, so a S75 claim was submitted to M&S for the £15,000.
M&S has declined our claim on the basis that the TOTAL AMOUNT quoted exceeds the £30,000 limit stated within the Act. We query whether we can dispute this on the grounds that the quote clearly identified cost to supply product (ie. windows) and separate cost fo provide fitting service.
Two queries:
1. Our claim is merely for the loss suffered - ie. £15,000 paid. Surely this is reclaimable as the actual loss claimed falls within the £30,000 ceiling limit?
2. Even if we had outlaid the full £30,500, does S75 cover the loss UP TO £30,000 or rather does it exclude items where the cost exceeds this upper limit?
Thanks for any considered replies.0 -
EXCUSE ANY DUPLICATION - I'm a newbie
We accepted a quote from a window manufacturer to supply and fit new windows, totalling £30,500. Quote was sub-divided into payment sections detailing cost of materials (c.£24,500) plus cost to supply fitment services (c.£6,000). Initial deposit (£1,000) was made via M&S credit card, followed by further direct money transfers totalling £14,000 - total c.£15,000 outlaid.
Window manufacturer has gone into liquidation before delivery of windows, so a S75 claim was submitted to M&S for the £15,000.
M&S has declined our claim on the basis that the TOTAL AMOUNT quoted exceeds the £30,000 limit stated within the Act. We query whether we can dispute this on the grounds that the quote clearly identified cost to supply product (ie. windows) and separate cost fo provide fitting service.
Two queries:
1. Our claim is merely for the loss suffered - ie. £15,000 paid. Surely this is reclaimable as the actual loss claimed falls within the £30,000 ceiling limit?
2. Even if we had outlaid the full £30,500, does S75 cover the loss UP TO £30,000 or rather does it exclude items where the cost exceeds this upper limit?
Thanks for any considered replies.0
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