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  • FIRST POST
    • Former MSE Wendy
    • By Former MSE Wendy 7th Oct 08, 2:00 PM
    • 868Posts
    • 1,782Thanks
    Former MSE Wendy
    0 WOW
    Section 75 refunds - article discussion
    • #1
    • 7th Oct 08, 2:00 PM
    0 WOW
    Section 75 refunds - article discussion 7th Oct 08 at 2:00 PM

    This discussion relates to the Section 75 refunds article


    Click reply to discuss.
    Last edited by MSE Archna; 10-06-2010 at 4:41 PM.
Page 67
    • JamieTom
    • By JamieTom 11th Jan 18, 1:19 PM
    • 2 Posts
    • 0 Thanks
    JamieTom
    Hi,

    I bought a phone for my wife on a Santander Credit Card April 2016. This phone has now gone faulty with a boot loop issue - as this is a known issue on this model phone LG has extended the warranty on this phone so I sent it in for repair. LG has declined a warranty repair as they found evidence of "Foreign Contaminant Ingress" on the mainboard and said that they will not repair as a result. This phone was bought new and factory sealed and has been in a case most of the time and has never been dropped or exposed to water. Speaking to LG they said that Foreign Contaminant Ingress can occur through normal wear and tear but will still invalidate the warranty.

    I called Santander and they said I am not covered by Section 75 as I purchased the phone for someone else's benefit and not mine? This is despite the fact that my wife is a named secondary user on the credit card - they advised that because it was purchased using my card number and not her secondary card number it would not be covered under section 75.

    Does anyone know if the above is correct or are they trying to get out of it?

    TIA,

    Jamie Tomlinson
    • grumbler
    • By grumbler 11th Jan 18, 5:59 PM
    • 51,393 Posts
    • 21,764 Thanks
    grumbler
    I called Santander and they said I am not covered by Section 75 as I purchased the phone for someone else's benefit and not mine? This is despite the fact that my wife is a named secondary user on the credit card - they advised that because it was purchased using my card number and not her secondary card number it would not be covered under section 75.

    Does anyone know if the above is correct or are they trying to get out of it?
    Originally posted by JamieTom
    This is correct.
    What's not covered by Section 75? >> Goods/services paid for by a secondary cardholder

    Why did you tell them?

    That said, so called 'ingress' is a common excuse for avoiding warranty obligations. You still can use your Consumer Rights against the supplier (not LG), but they are likely to use the same excuse.

    Ultimately you can go by the Small Claims Court route, but if you don't win you lose the initial claim fee.

    Also, Mobiles and Consumer Rights boards are better places to ask such questions.
    Last edited by grumbler; 11-01-2018 at 6:04 PM.
    We are born naked, wet and hungry...Then things get worse.

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
    • JamieTom
    • By JamieTom 12th Jan 18, 11:08 AM
    • 2 Posts
    • 0 Thanks
    JamieTom
    This is correct.
    >> Goods/services paid for by a secondary cardholder

    Why did you tell them?
    Originally posted by grumbler
    To be honest I happened to mention that I bought the phone for my wife while I was explaining the purchase as I hadn't appreciated that clause applied. I purchased the phone on the primary card number as the primary cardholder for my wife who is a secondary cardholder with a secondary card number? Seems like a bit of a 'get-out' clause to me. Not sure if the guy made notes (probably did) otherwise I could try again? We were both named on the account and it was purchased for our use - would an appeal to ombudsman work?
    • grumbler
    • By grumbler 12th Jan 18, 10:42 PM
    • 51,393 Posts
    • 21,764 Thanks
    grumbler
    In fact S75 is an old law, that, when formally applied to CC purchases, makes no sense whatsoever. That's why CC companies use every possible excuse for avoiding the nonsensical obligations.
    They are liable in the same degree as the supplier of the faulty goods, not more. If you think you have a winning case, you can confidently use the Consumer Rights Act and Small Claims Court.
    The ingress is hardly an 'inherent' fault. So your only argument is 'not fit for purpose'. Make LG to confirm in writing "that Foreign Contaminant Ingress can occur through normal wear and tear" - and I am pretty sure this will be a sufficient proof for the SCC.
    Possibly, such confirmation will persuade the supplier if they refuse to replace/refund under the CRA and you threaten them with SCC actions.
    Last edited by grumbler; 12-01-2018 at 10:51 PM.
    We are born naked, wet and hungry...Then things get worse.

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
    • DMBRADLEY
    • By DMBRADLEY 19th Jan 18, 3:01 PM
    • 1 Posts
    • 0 Thanks
    DMBRADLEY
    Good afternoon, I am purchasing a fifth wheel caravan for 61k and the company want a 50% deposit before they start production. I understand that I will not be protected under section 75 as the total value of the item is 61k, hence over the 30k limit. Will I be able to chargeback the deposit if the company goes bust or if I do not get the goods, if I pay by debit card?
    • grumbler
    • By grumbler 20th Jan 18, 9:50 PM
    • 51,393 Posts
    • 21,764 Thanks
    grumbler
    >> Visa, Mastercard & Amex Chargeback
    We are born naked, wet and hungry...Then things get worse.

    .withdrawal, NOT withdrawel ..bear with me, NOT bare with me
    .definitely, NOT definately ......separate, NOT seperate
    should have, NOT should of
    .....guaranteed, NOT guarenteed
    • Emma123456
    • By Emma123456 22nd Jan 18, 4:28 PM
    • 1 Posts
    • 0 Thanks
    Emma123456
    Purchased an extractor company now being difficult
    Hi all,

    I was just wondering if I'm valid in putting in a claim for a piece of equipment I purchased.

    In May last year I purchased an extractor for £1500 in addition to a large piece of equipment. I made sure I purchased it and the other item on a credit card - mainly because I was a bit wary of the company being quite small in case I have any problems. When purchasing the extractor I asked about the prices of maintenance etc, as there is another brand more well known that I could have got elsewhere. I was informed that the smaller filters were £20 for 5, and the big filter set £300. The extractor arrived, with 6 of the cheaper filters with it and one full set of the large filters. There was an issue attaching this to the main piece of equipment, this is still not correct, as a result the cheaper filters are being used much quicker than they should be. The company has not been able to resolve this issue.

    I've run out of the cheaper filters, and I'm now trying to get hold of them. I either can't get them, or the company are trying to charge a lot more money (then they don't have them) and generally messing me about. They also won't/can't fix the issue attaching it to the main piece of equipment. As I'm using the last one, if I don't get some replacements soon I can't use the machine anymore and it will affect my business.

    Would I be able to claim under Section 75? This has been going on for months now, and I'm a bit stuck. Had they been upfront in the first place I would have purchased a different unit, which I knew I could get the parts for, and actually the maintenance is easier and cheaper.
    • samandan
    • By samandan 27th Jan 18, 2:08 PM
    • 1 Posts
    • 0 Thanks
    samandan
    Wrong Item delivered - no response from website
    Hi
    25th November 2017 I bought a jacket from a .co.uk website and it wasn't until I paid for it that I realised the item would be coming from China. I count myself tech savvy but obviously not! I never received an order confirmation either
    It took ages to arrive and while I was waiting I contacted the website 3 times but never got a response. The jacket arrived and it was nothing like I had ordered. I contacted the site again saying I was returning it. still no response. I found the site owners name and address (it is registered in Sussex) I wrote directly to him with an image of the incorrect item. Letter return - not known at this address.
    21st December 2017- I sent the jacket back at a cost of 12.50. The tracking on the jacket says it was returned to Beijing on 27th December and is being processed for delivery. From what I understand people have to go to pick up their parcels(they get sent a card) they don't get delivered to their address.
    Is it time to make a claim or should I go for charge back, and can I also claim the return postage
    Thanks
    Samandan
    • auntjo
    • By auntjo 28th Jan 18, 1:46 AM
    • 17 Posts
    • 0 Thanks
    auntjo
    Hi on the s75 mse article it states that you are covered if you pay for anything over £100 to £30k on your credit card. You are also covered if you pay for a small part (£1) of it on your credit card.

    My question is when does the payment on the credit card have to be made in order to get protection? Does it have to be the first payment to say the service provider or could it be the last payment you make to them after a job has been completed?

    If it doesn't matter when the payment is made, does that in turn effect when the three party relationship begins?
    • Crabman
    • By Crabman 28th Jan 18, 11:34 AM
    • 9,676 Posts
    • 7,095 Thanks
    Crabman
    Hi on the s75 mse article it states that you are covered if you pay for anything over £100 to £30k on your credit card. You are also covered if you pay for a small part (£1) of it on your credit card.

    My question is when does the payment on the credit card have to be made in order to get protection? Does it have to be the first payment to say the service provider or could it be the last payment you make to them after a job has been completed?

    If it doesn't matter when the payment is made, does that in turn effect when the three party relationship begins?
    Originally posted by auntjo
    I'm only aware that it matters whether the payment has been made on the card or not. The timing of the payment shouldn't matter, unless someone else here knows otherwise?
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

    • auntjo
    • By auntjo 28th Jan 18, 12:43 PM
    • 17 Posts
    • 0 Thanks
    auntjo
    I'm only aware that it matters whether the payment has been made on the card or not. The timing of the payment shouldn't matter, unless someone else here knows otherwise?
    Originally posted by Crabman
    I agree with you.. Does anyone else have any thoughts on this?
    • Therealmissroni
    • By Therealmissroni 31st Jan 18, 8:11 AM
    • 1 Posts
    • 0 Thanks
    Therealmissroni
    Hi, I have a question !!!128512;
    If I pay a deposit/full amount for a damp proofing service which comes with 10/20 years warraty and if I need to claim warranty within the warranty period but the company goes bust will I also be covered under section 75?

    Thanks x
    • auntjo
    • By auntjo 31st Jan 18, 4:14 PM
    • 17 Posts
    • 0 Thanks
    auntjo
    I know the answer to that question and it is a definite yes
    • Roxana Bolsover
    • By Roxana Bolsover 1st Feb 18, 11:21 AM
    • 4 Posts
    • 2 Thanks
    Roxana Bolsover
    Does Section 75 cover cars?
    My husband and I have bought a 2nd hand car, I put £450 deposit on my credit card and paid remaining by visa debit.
    We have found a fair few faults now and I have sent our new car to the garage for them to sort it.
    I have got a strong feeling(from the hassle just for them to look at it) they’re going to make this difficult and not fix all the problems.
    What am I covered for? We have already spent extra money on wear & tear items but I bought a car at ‘diamond’ spec.
    Should they fix everything to fit the diamond spec advert? If they refuse what, if anything can I claim back.
    The car cost £4800 and we put £150 towards the cost of a cam belt as reassurance it had been done.
    We bought this car with my disability back pay I won through appeal. After all of that stress I scared I’m creating more stress wanting my car to standard
    • khakilad
    • By khakilad 16th Feb 18, 11:52 PM
    • 51 Posts
    • 15 Thanks
    khakilad
    Faulty Product
    Hello,

    So we have recently had a brand new spa hot tub delivered to our house two weeks ago. Unfortunately the unit is leaking from what appears to be the motor housing.

    I!!!8217;ve spoken to the company and basically they aren!!!8217;t willing to offer a refund due to size. I have explained this is against the law but they don!!!8217;t seem to be budging.

    My issue comes down to NatWest as I have sent a Section 75 letter / complaint to them and they have come back and advised that they need prove the item is faulty but aren!!!8217;t willing to pay for the inspection. So how am I supposed to prove the fault?

    Also when I receive the money back from NatWest (hopefully) where do I need to send the actual hot tub to or am I able to just keep it?

    Many thanks.
    • jonesMUFCforever
    • By jonesMUFCforever 17th Feb 18, 7:04 PM
    • 24,883 Posts
    • 12,071 Thanks
    jonesMUFCforever
    Hello,

    So we have recently had a brand new spa hot tub delivered to our house two weeks ago. Unfortunately the unit is leaking from what appears to be the motor housing.

    I!!!8217;ve spoken to the company and basically they aren!!!8217;t willing to offer a refund due to size. I have explained this is against the law but they don!!!8217;t seem to be budging.

    My issue comes down to NatWest as I have sent a Section 75 letter / complaint to them and they have come back and advised that they need prove the item is faulty but aren!!!8217;t willing to pay for the inspection. So how am I supposed to prove the fault?

    Also when I receive the money back from NatWest (hopefully) where do I need to send the actual hot tub to or am I able to just keep it?

    Many thanks.
    Originally posted by khakilad
    You pay for a specialist report and when you win you claim the cost of the report back on top of the Spa tub.
    What goes around - comes around
    give lots and you will always receive lots
    • Crabman
    • By Crabman 17th Feb 18, 7:47 PM
    • 9,676 Posts
    • 7,095 Thanks
    Crabman
    Regarding the return of the item - make it available for collection if requested. It's possible the credit card provider will opt to pay for a repair if an inspection report lists that as a viable option.
    I'm a Board Guide on the Savings & Investments, ISAs & Tax-free Savings, Public Transport & Cycling, Motoring and Parking Fines, Tickets & Parking Boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Board Guides are not moderators & don't read every post. If you spot a contentious or illegal post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Views are mine and not the official line of MoneySavingExpert.com

    • khakilad
    • By khakilad 19th Feb 18, 10:31 AM
    • 51 Posts
    • 15 Thanks
    khakilad
    Credit Card company to court
    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)
    • Vikrov
    • By Vikrov 19th Feb 18, 2:34 PM
    • 5 Posts
    • 1 Thanks
    Vikrov
    Am I covered by Section 75?
    Hi,

    I bought a table and chairs from a stand at Grand Designs Live, at the exhibition we paid the deposit of £2100. The company said it takes 10-12 weeks to deliver and they will call when it is ready. They called again on 22nd December and took the final payment of £2100 over the phone. They said the table would be ready for delivery at the end of January. I spoke to them again on 2nd Feb and they said they couldn't deliver the following week but would be in touch that week to arrange delivery. Since then we haven't been able to contact them at all. We've sent emails, left repeated messages on the landline and mobile voicemails. Sent a message via their contact us section on their website and sent emails. so far we have not even had an acknowledgement from them that they have received any of our correspondence.
    Their website it still live and they have a Facebook page. They have put on their website that they were at another exhibition over the weekend so as far as i'm aware they're still trading. Is section 75 an option for me to try and get my money back as I do not believe that they are going to deliver the goods I have paid for?
    TIA
    • khakilad
    • By khakilad 19th Feb 18, 2:35 PM
    • 51 Posts
    • 15 Thanks
    khakilad
    Yes, you will be fully covered under your credit card for this.
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