Section 75 claim

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  • ak613
    ak613 Posts: 10 Forumite
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    Thanks for the reply.

    If/when I do get refunded what should I do with the item?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    edited 14 January 2019 at 10:18AM
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    eco_warrior wrote: »
    As long as the invoice is in your name and not your company/business name

    Agreed. It is often claimed that buying something for business use defeats a S75 claim, but the Act doesn't make any distinction*. If the main cardholder made the purchase (ie is on the invoice) then S75 applies.

    (*distinction according to transaction. The CC itself must be taken out under the CCA1974. So a company credit card wouldn't be covered.)
  • Nasqueron
    Nasqueron Posts: 8,836 Forumite
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    eco_warrior wrote: »
    One failed attempt to resolve is enough for a chargeback to kick in but there seems to be multiple issues with this one.

    In terms of an expert you’d really just be looking to take it to a person/shop that either sells or repairs computers, something along those lines.

    They would need to verify what’s wrong with the laptop and confirm it was a manufacturing fault or at least something you hadn’t caused.


    They haven't attempted to fix it though, they just sent a new battery and tech team will speak this week. They might even just agree to replace it which will be a lot easier than trying to fight the company and provider for S75
  • sailortaw
    sailortaw Posts: 2 Newbie
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    I purchased an Ipad on line which did not arrive. I used my Santander 123 card which is on my wife's 123 credit card account. Santander has just told me they will not accept a Section 75 claim "AS I AM NOT THE PRIMARY CARD HOLDER!" Thus I have a credit card without Section 75 protection.
  • eskbanker
    eskbanker Posts: 31,076 Forumite
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    sailortaw wrote: »
    I purchased an Ipad on line which did not arrive. I used my Santander 123 card which is on my wife's 123 credit card account. Santander has just told me they will not accept a Section 75 claim "AS I AM NOT THE PRIMARY CARD HOLDER!" Thus I have a credit card without Section 75 protection.
    Correct, Section 75 offers protection for the account holder (aka primary card holder) as they're the one who's responsible for the debt. Your wife could have bought the iPad to secure the s75 protection though....

    Fortunately in this case you/she probably have the option of pursuing a chargeback claim for non-delivery as this doesn't have the same stringent debtor-creditor-supplier requirements that s75 does.

    P.S. It's best to start your own thread when your issue isn't really the same as the one under discussion in this thread....
  • bris
    bris Posts: 10,548 Forumite
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    sailortaw wrote: »
    Thus I have a credit card without Section 75 protection.
    You don't have a credit card, your wife has a credit card, you are just a passenger on your card.


    Your wife is liable for everything you do on that card.
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