Section 75 refunds - article discussion

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  • wealdroam
    wealdroam Posts: 19,181 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    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?
    Have you read the article linked to in the first post of this thread?

    Put simply, Section 75 of the Consumer Credit Act 1974 makes the credit card company equally responsible for performance of the contract.

    So yes, a claim will work.
    You may have to be forceful with the CCCo, but when you find someone who understands this you will be ok.
  • Thanks - I read the linked article but was not sure with regard the faulty goods aspect as all items appeared to be very new.

    Will give the company a call.
  • nillhouse
    nillhouse Posts: 217 Forumite
    First Anniversary Combo Breaker
    Hi all, here's one for you :)

    I preordered a tablet computer from a, (supposedly reliable), website, (I don't want to name and shame, as I think I may be a one-off), though, on January 5th this year, and paid in full, wit my credit card. After four months of waiting, 1st May, they still could not source my Tablet, and I cancelled the order, expecting a refund on my credit card.
    I waited for the refund for the full 28 days, I expected it to take, and did not receive anything, so, I called again on the 1st June, gave my credit card details, so they could query and try refunding again. Its now the 26th of June, and I still have not received the refund. I have made numerous attempts at contacting the website/owners, either by webforms/emails and telephone, to resolve this matter, but to no avail.
    Am I covered under Section 75 for this, or will it be a trip to the Small claims court?
    Thanks for looking :)
    Tescos latest enemy.........
  • derrick
    derrick Posts: 7,424 Forumite
    Name Dropper First Post First Anniversary
    nillhouse wrote: »
    Hi all, here's one for you :)

    I preordered a tablet computer from a, (supposedly reliable), website, (I don't want to name and shame, as I think I may be a one-off), though, on January 5th this year, and paid in full, wit my credit card. After four months of waiting, 1st May, they still could not source my Tablet, and I cancelled the order, expecting a refund on my credit card.
    I waited for the refund for the full 28 days, I expected it to take, and did not receive anything, so, I called again on the 1st June, gave my credit card details, so they could query and try refunding again. Its now the 26th of June, and I still have not received the refund. I have made numerous attempts at contacting the website/owners, either by webforms/emails and telephone, to resolve this matter, but to no avail.
    Am I covered under Section 75 for this, or will it be a trip to the Small claims court?
    Thanks for looking :)

    If your card is a VISA, (pretty sure Mastercard operate a similar scheme), contact your CC issuer and do a Chargeback for goods not received.

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


  • nillhouse
    nillhouse Posts: 217 Forumite
    First Anniversary Combo Breaker
    Thanks Derrick, I'll take a look into it :)
    Tescos latest enemy.........
  • explorer2190
    explorer2190 Posts: 27 Forumite
    Double Glazing claim please help.
    Last year I had complete double glazing replacement.I held back £1000 for works to be completed. It was not fit for purpose and the installer refused to put it right many times. I used legal insurance to employ solicitors. They advised I paid the final £1000 to allow them to make a claim via GGF. I used a credit card for this. I claimed from the credit card also.
    The solicitors have dragged their heels but managed to get a surveyors report recently stating the installation was terrible and may leave my house structurally damaged (Bay poles not fitted properly).
    The credit card company say they will not get involved as the Firm will not reply to them. They also say I already have solicitors.

    Can I demand payment under s75 from the credit card people and use the solicitors to recover extra costs to deal with the structural damage????

    I am fed up with both the solicitors and Credit card people dragging there heels.

    The installer denies there is a problem and has refused on many occassions to inspect, or contribute to the survey done.

    Please help
  • digital
    digital Posts: 212 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    Anyone contemplating a claim under Section 75 may wish to be aware that at least one credit company is claiming that if a retailer is willing to help with a claim they, the credit card company, do not have to also offer help. This is wrong.

    The Financial Ombudsman Service have made it abundantly clear that the consumer may choose to claim against the retailer or the credit card company and the credit card company must take on the claim if the consumer chooses to claim against them even if the retailer has offered help.
    digital
  • babs47
    babs47 Posts: 2 Newbie
    Hi,
    I read the article a couple of times and decided to go ahead and apply.
    I had ordered a self-build workshop online which came with various parts damaged and bits that did not fit and a floor that was warped. Most of this was only noticed when we tried assembling it. I tried sorting this out with the company direct for a couple of months, but although they replaced some parts, nothing happened about the floor, except them telling me to try some overlay and then they started getting rude.
    I sent in the claim to the credit card company and they have been 'investigating' for over a month now, despite me having sent them all emails, letters and photos.
    Where do I stand with this? Thanks for any help
  • digital
    digital Posts: 212 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    edited 6 July 2012 at 1:18PM
    The credit card company has up to 40 working days to respond with either a solution that you accept, or a 'final offer' that you don't. Once you have the unacceptable 'final offer' you can go to the Financial Ombudsman Service.

    It may be useful to note that each reference to FOS costs the credit card company £500 which may encourage them to concentrate on settling a claim roundabout, or below, that amount...
    digital
  • 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
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