Section 75 refunds - article discussion
Comments
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Hello, we have sent a section 75 claim through for a hot tub that is faulty and we have had this now confirmed by a third party company this morning.
My credit card company are still refusing to pay out. They have advised me to take the matter to their regulator; however I wanted to know whether I could legally take the credit card company to the county court instead of the supplier and advise in court that they have broken their contract with me.
If anyone has done this before or has any insight it would be greatly appreciated. The reason I want to go down this court route is it will be quicker (hopefully)
No reason you can't do that, but I'm not sure whether the county court would force you to use the ADR (alternative dispute resolution) scheme first, i.e. the Financial Ombudsman Service.
If possible, I'd try to avoid the FOS as although they claim to be impartial, they are funded by a case fee paid by the financial institution being complained about and their staff are not experts in the field of assessing faults with products such as hot tubs and other products that are bought under S75.0 -
I bought a Taxi over the Phone/Internet. Brand new 18 plate. The pictures shown are different from what was delivered in respect of the Stereo entertainment system. Which had the new touch screen interface & connects to your phone via bluetooth etc. Also I requested a "Mirror meter" at £350 installed. They fitted a standard meter & it came with standard old cd player/radio.
I was refusing delivery on the grounds it was not what I thought I had ordered. I tried stating the distance selling act (Consumer credit act) now & I had seven days in which to refuse delivery & ask for my money back. They said this did not count as I was acting as a business (Taxi Driver) & as such am not covered by this act. I spoke with Trading Standards & they agreed, that as I was a business (Self employed -sole trader) they were correct & unless I could prove that I had asked for a mirror meter etc then I would just have to accept the matter as it would be costly & time consuming otherwise. (if you wish to buy a car etc over the internet we would advise going to see it first, before parting with money). Would I still be able to make a claim against section 75 of the credit card. I paid £250 deposit via that. Any help / advise much appreciated. I am happy with the car, but I would like it the way I expected. I did offer to drive down & stay a couple of nights at my expense if they wished to put it right? Change the stereo & meter, even offered to make a contribution towards the new stereo unit I expected. (as shown in their pictures).0 -
My flight has been cancelled and I’ve been put on the flight thefollowing day, as a consequence I’ve therefore lost the first night in the hotel. It was booked as a package through Expedia... am I covered for money back of the first night I’m not there?? Thanks0
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If a deposit for a wedding venue was paid on a credit card but had to be cancelled could you claim it back? Bare in mind the date has already been resold do there is no loss to the venue and they was informed well in advance, like 2years 3 months to the date of the wedding ?0
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I am feeling very foolish as have just bought some boots on line and discovered the websites have false emails and phone numbers. Why I checked after the purchase and not before is a hard lesson that I will never forget and hope I can stop others doing the same.
Always check if the domain name is recent and if the site has contact details that are real - postal address, emails and phone numbers. This is the first line of checking.
I have spoken to my bank to ask if they would stop the payments but although they can see them, they will not do anything until it shows on my statement. I tried reporting it on the Action Fraud website but the form will not work and they are so busy that I can not speak to a person. I have tried three webchats, all they suggest is keep trying.
This has made me feel quite ill and this discussion Forum is helping give me hope that I should get my money back so thank you Martin and all the supportive subscribers.0 -
Bought a table from Argos 2 years ago & the other day it collapsed whilst being extended (one of wooden brackets on underside of table, where it extends, split in two). :eek:
Having been in touch with Argos, they want an independent expert report before they'll consider any claim.
I appreciate this is the correct advice but this is going to cost me in excess of £125 and , whilst I am confident there is a fault (my husband is not that strong that he can pull wood apart!
), this is quite a lot of money to fork out, Plus I've got a collapsed dining table stuck in the middle of the kitchen.
I'm therefore wondering if I can go through the section 75 route instead so I can get some money towards a new table asap?0 -
madmum8335 wrote: »Bought a table from Argos 2 years ago & the other day it collapsed whilst being extended (one of wooden brackets on underside of table, where it extends, split in two). :eek:
Having been in touch with Argos, they want an independent expert report before they'll consider any claim.
I appreciate this is the correct advice but this is going to cost me in excess of £125 and , whilst I am confident there is a fault (my husband is not that strong that he can pull wood apart!), this is quite a lot of money to fork out, Plus I've got a collapsed dining table stuck in the middle of the kitchen.
I'm therefore wondering if I can go through the section 75 route instead so I can get some money towards a new table asap?
How did you pay ?
By credit card I hope ?
You may find the card company will want a report before they do anything, you do get the cost of the report back if it's deemed to be at fault.0 -
Hi, I am looking for some advice with this ongoing problem. I apologise for the long post but I didn't want to miss out anything important.
I purchased a television from John Lewis in November 2016, At the time it was advertised as coming at a later date with an USB accessory that would enable the TV to be used to control your smart devices in your home. This never materialized as it was cancelled.
The John Lewis product page featured this advertisement and heavily influenced my decision to purchase, I told them I would like to return it for a refund, After many emails they have admitted it was advertised as such and that they would offer me a £100 refund and another device that offers similar functionality, I have rejected this as it does not provide the same functionality of the originally advertised device which was why I bought the TV.
I started a Section 75 claim with my bank who responded last week, Having reviewed the evidence they state the claim cannot proceed as the promised device was listed as being provided for "free". My argument is this, My claim is not based on the value of the device it is the functionality it was to provide and since they are not going to deliver on that the TV was sold with misrepresentation.
This is their final decision and I have requested a letter of deadlock so I can send this to the financial ombudsman. Is this the best next step? John Lewis state of their website if I am not happy I can contact the online dispute resolution. Should I do this or perhaps also contact citizens advice?
I appreciate you reading this and any suggestions on how to proceed.
Thank You0 -
Hi all
I’ll keep this as brief as I can-apologies in advance... bathroom and fitting(from a subcontractor via the company) purchased through much reviewed company in 2016. Fitting started March 2017, original installer left (having allegedly finished) in April 2017. Made verbal complaints to company from then on for number of reasons. Made verbal and email complaints to company from July 2017 as major issues with bathroom once we started using it-dangerous faults relating to install. This was protracted by company and after 3 attempts by their various subcontractors-who caused further damage and faults, a visit by their regional who found even more faults themselves, damage caused to other areas due to leakage and a bounced complaints email-we took it to furniture ombudsman (nov/dec 2017).
My questions are please: 1) we are paying via a credit agreement using their 3rd party (hitachi). What is their responsibility here? 2) are we/we’re we entitled to a refund from the seller-some of the goods are faulty and the service certainly has been, but also we still do not have what we ordered and are paying for? 3) the ombudsman are flagrant in not following their own rules/principles/published procedures... they have evidently not even read our complaint and still think we should allow these people a fifth (6th, 7th, 8th...) attempt at our bathroom... how do we complain about these people?
Thank you for your patience peeps:D0 -
I paid for a kitchen in October, 2017, paying £11,000 total, paid half on my Mastercard and half on my Debit Card. The company got the initial design wrong so some of the wall units don't fit! They are coming back, AGAIN, next week, with another "remedy" to attempt to put things right. I've tried pursuing it with the company, but all they say is that it's "a minor error" and they'll try to put it right! Can I make a claim through the Section 75 mechanism?0
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