Section 75 refunds - article discussion
Comments
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S75 is not a money back guarantee for any reason. The problem you have is the CC has the same rights as the retailer.I'm concerned that going down the dispute pathway might close off any redess I could use following the section 75 route. Quite a lot of googling has produduced lots of information about section 75, but so far I've seen nothing that mentions using this dispute process as an alternative. I'm interested to know more about it and whether there are any things to watch out for.
In your case they will deny the claim based on the report that states the item's damage caused the problem. You need to prove breach of contract, pretty hard to do with an item that has been physically damaged.0 -
Uitlander
Send a letter or email to your credit card company and write complaint on it.Give them a couple of goes to pay your claim.Explain the consumer rights act to them if they won't pay and then demand a final response letter.If they send one or even if they don't send one you can then go to the financial ombudsman.The web site for complaints is
https://help.financial-ombudsman.org.uk/help
or phone 0800 023 4 567 8am to 8pm Monday to Friday, and from 9am to 1pm on Saturdays.Our offices and phone lines will be closed on 24, 25 and 26 December, and on Saturday 29 December. And we’ll be closing at 5pm on 27, 28 and 31 December.
Time limits apply to making a complaint. So it’s best to take action as soon as you realise there’s a problem – or decide you’re unhappy with the business’s response.
Aitch0 -
This is definitely an obstacle to overcome,a classic your word against theirs situation.In your case they will deny the claim based on the report that states the item's damage caused the problem.
You would have had a very good case otherwise as you do not need to prove breach of contract.On the contrary the consumer rights act is very clear about this.If goods are sold that have a fault occur within 6 months of sale it is up to the seller and/or the credit card company to prove that the item did not have a fault when the item was sold.0 -
Go to the financial ombudsman.I think you have a pretty good case based on what is fair and reasonable.The worst that can happen is your complaint is not upheld and the fo rule in favour of the ccc,but the best that can happen is they do uphold your complaint and tell the ccc to shove the £700.It will cost you nothing to find out.Even if the fo rule against you £700 is worth going to the small claims court about.I have been charged full year interest on a £700 transaction which was claimed for under section 75. I recieved the credit to my account for the £700 after successfully claiming S75. Are the credit card company correct in charging this interest?0 -
Demand a final response letter from the credit card company and go to the financial ombudsman.See Mr bagpipe post #1362 about why you have to push hard against the banks.I bought a used car in Feb 2018 for £4000, paying half on Barclaycard and half via debit card. The car was reported faulty within 15mins of driving it off the forecourt, and the dealer was advised. They agreed to fix the problems. Result - dealer did not repair the car and I have been on-off trying to get this resolved claiming breach of contract under CRA2015. The act states it is up to the dealer to prove the faults weren't present when I bought the car. Since then the dealer has refused a part refund and refused a final right to reject by not making an offer. I paid for an independent report/estimate from another garage (main dealership) and made S75 claim for the cost of repairs (£3500). Barclaycard are saying they want their engineer to inspect the vehicle, and don't seem to think the CRA 2015 applies. They have logged my complaint but what is my next step? The car is currently SORN on my drive as it is not driveable...As far as I can tell Barclaycard are liable for breach of contract? Can they insist on sending an engineer? I have been without a car for 8 weeks :-( and likely to be for some time yet.
TIA0 -
Make a complaint to the credit card company,an email or letter with complaint written on it is sufficient.See what they say,if no luck,demand a final response letter and go to the financial ombudsman.I think you have a fairly good chance as the cruise company and the credit card company have already admitted that you have a valid claim by offering you a settlement.If the Financial ombudsman rules against you it would be well worth going to the small claims court for that amount of money.See Mr bagpipe post #1362 for why you have to push hard against the banks.We paid the deposit for a cruise for my husbands 70th birthday via our credit card. The cruise was in February and was terrible. I won't go into details but among other things our cabin was flooded with sewage! We put in a claim to the company we booked with (well known channel on TV!) and they forwarded it to the cruise line who offered us £400 voucher off another cruise or £200 cash. We did not agree with this and went to our credit card company. After many months and many requests for "more info", they have finally come back and offered us 10% of the cruise cost of £2,890. There is no explanation of how they came to this arbitary figure and they have basically said nothing more they can do and I should go to a solicitor or CAB if I don't agree. What can I do? Any help gratefully received as this is my first post on the forum and I'm not sure if it's in the correct place!0 -
An excellent example of why the consumer rights act exists.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)0 -
Your card payment receipt is quite sufficient.Phone tesco and ask to speak to a manager in the customer service dept and if no luck to a manager in the complaints dept and get the email address of the complaints dept.See what the complaints dept say and if no luck demand a final response letter and go to the financial ombudsman.[FONT="]I'm in a process to make a claim under Section 75 through Tesco Bank Credit Card. Tesco disputes team employee asked me to provide an invoice of purchase of an annual train pass I bought at one of Northern Rail stations. I have a copy of card payment receipt showing Northern Logo and name of the station, but Tesco employee said it’s not enough and insists that I need to provide an invoice
I ask her to email me a list of required documents to submit the claim, but she refused and disconnected the line 
[/FONT]
[FONT="]Any advice How to get an invoice for purchase of an annual train pass I bought at one of Northern Rail stations?[/FONT]
[FONT="]I emailed the Northern, and spoke with ticket office at the station with no success so far …[/FONT]0 -
I bought a dressing table with chair and mirror from an online retailer. When it arrived it was completely scratched and the chair was the wrong colour.
I'm going back and forwards with the retailer - they've offered me a bit of money back, or to have a furniture repairer come out and resolve the scratches. They've said there's nothing they can do about the chair being the wrong colour. I think I'm going to have to go down the section 75 route, as I don't want an item that is damaged or to have paid full price for a refurbished item, which are the resolutions they're offering at the min.
My question is, if the claim goes through and I'm refunded the money, what happens to the item if the retailer never collects it? Do I just have to keep it hanging around in case they want it back at some point?
I think this is the reason they aren't just sorting it out, because it's a faff to arrange collection and then delivery of a new one.0 -
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 appreciated0
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