Section 75 refunds - article discussion

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  • shoi
    shoi Posts: 167 Forumite
    First Anniversary Combo Breaker First Post
    badger999 wrote: »
    Originally Posted by shoi viewpost.gif
    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.



    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
    meer53 Posts: 10,217 Forumite
    First Post First Anniversary Combo Breaker
    Willows007 wrote: »
    Hi Apologies if I am making a mess of this, it’s 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 I’m stuck I can’t 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 won’t 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 wouldn’t pursue it because it wouldn’t come under faulty goods? Any help would be greatly appreciated

    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.
  • meer53 wrote: »
    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.
    The only option the OP has is to sue in small claims court.
  • antrobus
    antrobus Posts: 17,386 Forumite
    meer53 wrote: »
    Section 75 only covers Credit Card transactions.....

    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.
  • 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
    derrick Posts: 7,424 Forumite
    Name Dropper First Post First Anniversary
    Jamiehig wrote: »
    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




    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


  • I physically don’t 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
  • 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
    DCFC79 Posts: 40,598 Forumite
    Name Dropper First Anniversary First Post
    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


    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
    DCFC79 Posts: 40,598 Forumite
    Name Dropper First Anniversary First Post
    cryan1181 wrote: »
    I physically don’t 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


    Have you tried to open another account ?


    Try a bank not part of the BoS group.
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