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  • FIRST POST
    • Former MSE Wendy
    • By Former MSE Wendy 7th Oct 08, 2:00 PM
    • 868Posts
    • 1,782Thanks
    Former MSE Wendy
    0 WOW
    Section 75 refunds - article discussion
    • #1
    • 7th Oct 08, 2:00 PM
    0 WOW
    Section 75 refunds - article discussion 7th Oct 08 at 2:00 PM

    This discussion relates to the Section 75 refunds article


    Click reply to discuss.
    Last edited by MSE Archna; 10-06-2010 at 4:41 PM.
Page 71
    • Willows007
    • By Willows007 16th Jan 19, 9:26 AM
    • 1 Posts
    • 0 Thanks
    Willows007
    Debit card protection
    Hi Apologies if I am making a mess of this, itís my first post. Bought a car in March last year should of had 13000 miles on the clock. I changed jobs In September and get a vehicle with the job, so I thought I would sell my car. The garage doing the mot said the previous years mot says it s got 43200 on it. So now Iím stuck I canít sell the car because the mileage is off and I was advised I might not be able to drive it either because the insurance might not pay out. Garage wonít take it back or have anything to do with it. Citizens advice did what they could, trading standards have done nothing nor has motoring ombudsman. So my only course of action left was I paid the majority of the money Ona visa debit card. I spoke to nationwide my bank and was at first told no and then got passed on to someone else who thought I had a claim. I was told yesterday they wouldnít pursue it because it wouldnít come under faulty goods? Any help would be greatly appreciated
    • shoi
    • By shoi 17th Jan 19, 6:10 PM
    • 146 Posts
    • 37 Thanks
    shoi
    Originally Posted by shoi
    When I was a retailer we had the odd S75 reclaim come back to us and it was going to be automatically deducted unless we got the customer to relent. (Which we did, most often they had forgotten, eg one spouse bought it the other paid the bills)

    An excellent example of why the consumer rights act exists.
    Originally posted by badger999


    I think I resent that a bit, we would have done the right thing anyway
    The lesson is that it's normally no skin off the card company's nose to just refund the purchaser. I'm surprised by the number of people here who find themselves fighting the card company
    • meer53
    • By meer53 17th Jan 19, 7:31 PM
    • 9,394 Posts
    • 13,729 Thanks
    meer53
    Hi Apologies if I am making a mess of this, itís my first post. Bought a car in March last year should of had 13000 miles on the clock. I changed jobs In September and get a vehicle with the job, so I thought I would sell my car. The garage doing the mot said the previous years mot says it s got 43200 on it. So now Iím stuck I canít sell the car because the mileage is off and I was advised I might not be able to drive it either because the insurance might not pay out. Garage wonít take it back or have anything to do with it. Citizens advice did what they could, trading standards have done nothing nor has motoring ombudsman. So my only course of action left was I paid the majority of the money Ona visa debit card. I spoke to nationwide my bank and was at first told no and then got passed on to someone else who thought I had a claim. I was told yesterday they wouldnít pursue it because it wouldnít come under faulty goods? Any help would be greatly appreciated
    Originally posted by Willows007
    Section 75 only covers Credit Card transactions. If you have proof of the mileage on the advert you may be able to claim the car was not as described but as you bought it last year your claim will probably be rejected as you should have noticed the discrepancy before now.
    • jonesMUFCforever
    • By jonesMUFCforever 17th Jan 19, 8:33 PM
    • 25,575 Posts
    • 12,791 Thanks
    jonesMUFCforever
    Section 75 only covers Credit Card transactions. If you have proof of the mileage on the advert you may be able to claim the car was not as described but as you bought it last year your claim will probably be rejected as you should have noticed the discrepancy before now.
    Originally posted by meer53
    The only option the OP has is to sue in small claims court.
    What goes around - comes around
    give lots and you will always receive lots
    • antrobus
    • By antrobus 18th Jan 19, 1:39 AM
    • 16,608 Posts
    • 23,528 Thanks
    antrobus
    Section 75 only covers Credit Card transactions.....
    Originally posted by meer53
    No, it doesn't.

    It applies wherever there is "a debtor-creditor-supplier agreement".

    https://www.legislation.gov.uk/ukpga/1974/39/section/75

    It is after all the Consumer Credit Act 1974, few people had credit cards back then, it was intended to apply to hire purchase deals and still does. I've never taken the time to read Hansard to establish whether or not anyone at the time realised it would apply to credit cards as well. It might well be an unintended consequence.
    • Jamiehig
    • By Jamiehig 25th Jan 19, 9:52 AM
    • 1 Posts
    • 0 Thanks
    Jamiehig
    Hi all,
    Does anyone know if Section 75 applies to pre paid currency cards? I am making a payment for a holiday rental in the USA, and am trying to work out the best way to do the transfer. I thought my dollar currency card would work best with regards to charges and payment protection. Any advive would be much appreciated...

    J
    • derrick
    • By derrick 25th Jan 19, 10:03 AM
    • 7,153 Posts
    • 2,338 Thanks
    derrick
    Hi all,
    Does anyone know if Section 75 applies to pre paid currency cards? I am making a payment for a holiday rental in the USA, and am trying to work out the best way to do the transfer. I thought my dollar currency card would work best with regards to charges and payment protection. Any advive would be much appreciated...J
    Originally posted by Jamiehig



    http://uk.creditcards.com/guides/guide-to-section-75.php

    What does Section 75 not cover?

    Section 75 does not cover purchases made on debit cards, prepaid cards, cheques, postal orders or charge cards.




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


    • cryan1181
    • By cryan1181 31st Jan 19, 6:48 PM
    • 7 Posts
    • 3 Thanks
    cryan1181
    I physically donít have a open bank account at the minute as I have a dispute with Halifax . Which is having a knock on effect trying to open another account or obtain credit.piisng me off. Is there another way round this as all avenues are exhausted at the minute. So am thanks for feedback in advance guys
    • TheEssexlad
    • By TheEssexlad 5th Feb 19, 8:52 PM
    • 7 Posts
    • 0 Thanks
    TheEssexlad
    I purchased a small car for my daughter 4 weeks ago , when I looked at it it all seemed fine , so I paid a deposit with CC and then bank transfer/payment the rest over . When i picked the car up it developed a major fault within a mile , I returned it to the dealer and he said he'd fix it , but after some thought I asked for my cash back , he said he's transfer it over in a couple of days but after various phone calls , texts etc it has not happened - this is over 3 weeks ,
    I contacted my card provider who said they could refund only the £100 deposit ,unless I had a written statement that i would be fefunded - which i don't have ,I do have a text saying they would transfer the cash last saturday ..... but I would have to contact bank ( who actually were more helpful ) Can I go back to card provider and say they they should be liable for the full amount
    • DCFC79
    • By DCFC79 6th Feb 19, 7:11 PM
    • 33,621 Posts
    • 21,159 Thanks
    DCFC79
    I purchased a small car for my daughter 4 weeks ago , when I looked at it it all seemed fine , so I paid a deposit with CC and then bank transfer/payment the rest over . When i picked the car up it developed a major fault within a mile , I returned it to the dealer and he said he'd fix it , but after some thought I asked for my cash back , he said he's transfer it over in a couple of days but after various phone calls , texts etc it has not happened - this is over 3 weeks ,
    I contacted my card provider who said they could refund only the £100 deposit ,unless I had a written statement that i would be fefunded - which i don't have ,I do have a text saying they would transfer the cash last saturday ..... but I would have to contact bank ( who actually were more helpful ) Can I go back to card provider and say they they should be liable for the full amount
    Originally posted by TheEssexlad

    The card provider are only liable for the deposit, you paid the rest by bank transfer which is a bad idea.


    Should have used other means like a credit card or a debit card.


    Was it a main dealership ?


    Or an independent second hand car seller ?
    • DCFC79
    • By DCFC79 6th Feb 19, 7:12 PM
    • 33,621 Posts
    • 21,159 Thanks
    DCFC79
    I physically donít have a open bank account at the minute as I have a dispute with Halifax . Which is having a knock on effect trying to open another account or obtain credit.piisng me off. Is there another way round this as all avenues are exhausted at the minute. So am thanks for feedback in advance guys
    Originally posted by cryan1181

    Have you tried to open another account ?


    Try a bank not part of the BoS group.
    • derrick
    • By derrick 6th Feb 19, 7:36 PM
    • 7,153 Posts
    • 2,338 Thanks
    derrick
    The card provider are only liable for the deposit, you paid the rest by bank transfer which is a bad idea.
    Originally posted by DCFC79

    That is not true.

    ANY amount paid by finance, CC included, means the whole of the amount is covered under S75.


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


    • HalfWayThere
    • By HalfWayThere 9th Feb 19, 10:24 PM
    • 3 Posts
    • 1 Thanks
    HalfWayThere
    Car not as described
    If anyone can offer any guidance it would be very much appreciated.

    I purchased a 62 plate car earlier today, as I have no idea about cars I got a mechanic to inspect it before purchase. The mechanic flagged that it had water in the boot and that the carpet in the drivers footwell was damp. I shared the report with the garage who advised theyíd fix it and I then paid the £100 deposit on my credit card.
    The garage called me yesterday to say it was all fixed and would be ready for me to collect today. This I did paying the balance on my debit card as the garage refused to accept my credit card.
    The issue is that the fault isnít fixed the car is still letting in water and also that it doesnít have air conditioning but was listed as having air conditioning.
    The garage are no help and have said it was a trade car with no warranty. Iím not any sort of car trader, is this something that would be covered by section 75?
  • Nochex company representative
    Nochex company representative chips in
    No, you are not protected by Section 75 with a debit card. Instead, you need to speak to your bank and insist that they chargeback the amount as the goods did not meet your expectation. Good luck!
    ďOfficial Company Representative
    I am the official company representative of Nochex. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • derrick
    • By derrick 11th Feb 19, 12:32 PM
    • 7,153 Posts
    • 2,338 Thanks
    derrick
    If anyone can offer any guidance it would be very much appreciated.

    I purchased a 62 plate car earlier today, as I have no idea about cars I got a mechanic to inspect it before purchase. The mechanic flagged that it had water in the boot and that the carpet in the drivers footwell was damp. I shared the report with the garage who advised they’d fix it and I then paid the £100 deposit on my credit card.
    The garage called me yesterday to say it was all fixed and would be ready for me to collect today. This I did paying the balance on my debit card as the garage refused to accept my credit card.
    The issue is that the fault isn’t fixed the car is still letting in water and also that it doesn’t have air conditioning but was listed as having air conditioning.
    The garage are no help and have said it was a trade car with no warranty. I’m not any sort of car trader, is this something that would be covered by section 75?
    Originally posted by HalfWayThere

    No, you are not protected by Section 75 with a debit card. Instead, you need to speak to your bank and insist that they chargeback the amount as the goods did not meet your expectation. Good luck!
    Originally posted by Nochex company representative

    You seem to agree with my post above, 1412, but now seem to back track.


    This poster paid a deposit on their Credit Card, so are covered under S75 for the whole amount.



    An example from the Financial Ombudsman



    102/12
    consumer claims under section 75 for a deposit that's below the £100 lower limit - but the total purchase price is above it


    Miss N decided to buy a leather sofa for £1,000 from her local furniture store. She paid £99 on her credit card as a deposit, with the balance due on delivery a few weeks later. Unfortunately, the store went out of business before it delivered the sofa.
    When Miss N mentioned the situation to a friend, she was told that she had protection under section 75 - and that her credit card provider would be able to get her money back. When she contacted her credit card provider, she was told that it could not help because section 75 only covers transactions between £100 and £30,000. Miss N complained, but the credit card provider stuck to this position. So she decided to refer the matter to us.


    complaint upheld
    Having looked at the detail of this case, we could see that the credit card provider had got it wrong. We explained that it is the total cash price of a product or service that must fall between £100 and £30,000.
    Even though Miss N had only used her credit card to pay a deposit of £99, as the sofa cost £1000, the purchase would be covered by section 75. We therefore told the credit card provider to refund the £99 deposit Miss N had lost and pay £50 compensation to her for the inconvenience caused.



    Also:


    If you bring a claim under section 75, the most you can get back from the lender is the amount of the credit.


    No. Where section 75 applies, it gives the consumer exactly the same claim against the lender as they would have against the supplier of the goods or services, if there were a misrepresentation or a breach of contract by that supplier. This might be more than, or less than, the amount of the credit transaction - depending on what happened.





    https://www.financial-ombudsman.org.uk/pay-it-safe/index.html

    "Even if you’re just paying a small deposit on your card, as long as the item you’re buying costs more than £100 but less than £30,000, the whole item will be protected. "




    .
    Last edited by derrick; 11-02-2019 at 1:52 PM.
    Don`t steal - the Government doesn`t like the competition


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