Section 75 refunds - article discussion

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  • edphill
    edphill Posts: 20 Forumite
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    Hello,

    I agreed to pay £10,000 to a window / door supplier.

    I paid an initial £4,000 by bank transfer and a month later an interim payment of £1,000 on credit card.

    My windows and doors were due to be installed a month ago and I can't get hold of the supplier. They haven't done any of the work at all and they don't answer my calls.

    So I've paid a total of £5,000 out of a £10,000 job (the remaining £5,000 being due on installation). No work has commenced and my initial payment wasn't on credit card but an interim payment was.

    Am I likely to be covered if I take the claim to the CC provider?

    Thank you.
  • derrick
    derrick Posts: 7,424 Forumite
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    edphill wrote: »
    Hello,

    I agreed to pay £10,000 to a window / door supplier.

    I paid an initial £4,000 by bank transfer and a month later an interim payment of £1,000 on credit card.

    My windows and doors were due to be installed a month ago and I can't get hold of the supplier. They haven't done any of the work at all and they don't answer my calls.

    So I've paid a total of £5,000 out of a £10,000 job (the remaining £5,000 being due on installation). No work has commenced and my initial payment wasn't on credit card but an interim payment was.

    Am I likely to be covered if I take the claim to the CC provider?

    Thank you.




    Yes, it doesn't matter how you paid or when the amount on your CC, the fact that you paid anything on the card means you are covered.


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


  • tinker15
    tinker15 Posts: 1,393 Forumite
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    I have just contacted my card company about the possibility of trying to claim back for hotel accommodation that they are not fulfilling in full, they are withdrawing segments of it. The booking is yet to take place. I booked this back in December last year and the credit card company advised that they will only be able to reimburse if it is under 120 days from payment. Is this correct with all credit card companies? Thanks
    Comping from May 2012 :D

    Thank you to all that post & contribute, I think you are wonderful, I could not achieve without your help :)
  • derrick
    derrick Posts: 7,424 Forumite
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    tinker15 wrote: »
    I have just contacted my card company about the possibility of trying to claim back for hotel accommodation that they are not fulfilling in full, they are withdrawing segments of it. The booking is yet to take place. I booked this back in December last year and the credit card company advised that they will only be able to reimburse if it is under 120 days from payment. Is this correct with all credit card companies? Thanks

    120 days is for chargeback, you should be going for Section 75 assuming that you have paid by CC and not debit card.

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


  • Section75expert
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    nojwan wrote: »
    Hi all


    Just a quick one.


    We bought a kitchen c/w appliances from Wren in November 2017.
    We used a Barclays loan arrangement offered by Wren (to take advantage of the 4 years interest free offer).
    The dishwasher has just broken down with a suspected heating element failure and it is outside its manufactures warranty; do you think I would be able to raise Section 75 for a repair/replacement as only lasted for 18 months?


    Thanks

    Hello

    Section 75 (A) of the act states:

    "If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract"

    Therefore, if the loan agreement was arranged by Wren specifically to finance the kitchen then Yes, as long as the kitchen was under £30k you would have a valid claim.

    Wren will try and fob you off as under the Consumer Rights Act 2015, If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.
  • Section75expert
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    tinker15 wrote: »
    I have just contacted my card company about the possibility of trying to claim back for hotel accommodation that they are not fulfilling in full, they are withdrawing segments of it. The booking is yet to take place. I booked this back in December last year and the credit card company advised that they will only be able to reimburse if it is under 120 days from payment. Is this correct with all credit card companies? Thanks

    What are the reasons you have asked to claim the funds back?

    Visa regulations are tricky when it comes to hotel bookings.

    Under Visa Claims Resolution, your Bank has the right to make a claim within 120 days from the date the services are to be supplied. It does, however, have to be within 540 days from the date of the payment.

    If you can provide all of the reasons wanting to claim I can look to help.
  • Section75expert
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    Ali_Kelly wrote: »
    I purchased a ‘leather’ bag online with my credit card total £35 (not the £100 Martin spoke of tonight on MLME Tonight).... but it’s not leather- the seller says it’s PU leather and not giving a refund. Have contacted credit card and they’ve sent forms however turns out the company is based in China and operates as a computer company? Have filled out forms CC company have sent just wondered is there any hope for me?

    Yes. Your bank will probably raise a dispute with the merchant under "Goods not as described." (Providing this is Visa and not a MasterCard.) They may ask you to attempt to return the goods as under the VCR rules you have to attempt to return the goods and evidence it i.e. proof of postage and proof of receipt. If the supplier fails to provide you with a returns address send the proof of this to the bank.
  • Section75expert
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    I thought I’d covered every base booking my holiday, but sadly not.
    After arriving at our ‘luxury’ we found that the accommodation wasn’t at all what we expected. Dirty bedding, cracked electrical sockets, leaking toilets, no smoke alarms...basically a health and safety nightmare into which I brought my two disabled sons and 85 year old mother. Cable tv and a jacuzzi were also promised, but the subscription hadn’t been set up and the jacuzzi didn’t work and also leaked waste water over the floor because the waste pipe was faulty!

    I contacted trip advisor and was told by the customer services that I was covered by their payment protection. I’ve sent them a list of the faults with photos.
    However because I didn’t contact them on the same day we arrived (although well within 24 hours of arrival) they’re now trying to wriggle out of any compensation claim. They’ve offered me €330 as a gesture of goodwill...but the villa cost €6100!
    I thought because I had bought it using my Halifax clarity MasterCard, I would be covered by section 75. But because I bought it via PayPal (the account is connected to my credit card) I find I’m not.
    PayPal have taken up the mantle now, but what’s their record like for getting money back?
    Trip advisor have taken down the advert on their website (so they must think my claim has some validity) I’ve reported the villa to the local tourist board and trading standards.
    I don’t expect a free holiday, but I would have liked what I expected from the advert. Any suggestion what I can do now to seek compensation for misrepresentation? Many thanks


    You would not be covered under Section 75 for either a breach of contract or misrepresentation as the contract is with PayPal and not the supplier of the goods or service. They create an extra link in the chain between yourself (the debtor) the creditor (the bank) and the supplier.

    I would contact your bank and ask how they can help under the Mastercard Dispute scheme.
    I know under Visa ther is a valid dispute under quality. Maybe MC has a similar rule
  • Section75expert
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    edphill wrote: »
    Hello,

    I agreed to pay £10,000 to a window / door supplier.

    I paid an initial £4,000 by bank transfer and a month later an interim payment of £1,000 on credit card.

    My windows and doors were due to be installed a month ago and I can't get hold of the supplier. They haven't done any of the work at all and they don't answer my calls.

    So I've paid a total of £5,000 out of a £10,000 job (the remaining £5,000 being due on installation). No work has commenced and my initial payment wasn't on credit card but an interim payment was.

    Am I likely to be covered if I take the claim to the CC provider?

    Thank you.


    YES.

    As long as the individual item is less than £30k , regardless of how much you pay on your credit card you are still covered. I would advise you to contact the credit card issuer and ask to raise a claim under section 75. Be prepared for it to take a while. Banks will not just refund you straight away. Send them a copy of your invoice, methods of payment and all your correspondence with the supplier. They will probably try and contact the supplier for their comments and that can take a while. If the supplier are willing to fit the windows you have a duty to mitigate any loss and allow them to do so.
  • Section75expert
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    MartinTE wrote: »
    I used my Hsbc Turkey issued MasterCard to purchase flight tickets from Thomas Cook. My bank are saying that the card is only a payment tool. What are my options ?


    If it was booked with Thomas Cook Airlines they are not ATOL bonded. You can raise a dispute for non-receipt of service.
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