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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 68
    • BDE
    • By BDE 28th Feb 18, 8:45 PM
    • 1 Posts
    • 0 Thanks
    BDE
    A slightly DIfferent Scenario
    I paid for my annual rail season ticket with my credit card (over £100).


    Today I was unable to travel by rail, due to trains being delayed by bad weather conditions, to a comedy club for which I purchased 2 tickets (£12 each).

    Can I claim from my credit card under section 75 for the consequential loss for the comedy tickets even though I have previously claimed delay repay from the rail company for other delayed journeys.

    Note I don't wish to claim from the credit card company for the cost of the delayed journey as I will claim delay repay from the rail company for this.
    • Crabman
    • By Crabman 28th Feb 18, 9:43 PM
    • 9,699 Posts
    • 7,133 Thanks
    Crabman
    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)
    Originally posted by khakilad
    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.
    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

    • matchplayer
    • By matchplayer 2nd Mar 18, 2:24 PM
    • 39 Posts
    • 7 Thanks
    matchplayer
    Part Car paid by credit card
    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).
    Last edited by matchplayer; 02-03-2018 at 11:45 PM.
    • Bexmatty1991
    • By Bexmatty1991 3rd Mar 18, 7:58 AM
    • 1 Posts
    • 0 Thanks
    Bexmatty1991
    My flight has been cancelled and Iíve been put on the flight thefollowing day, as a consequence Iíve 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 Iím not there?? Thanks
    • Fern.clarke29
    • By Fern.clarke29 8th Mar 18, 8:52 PM
    • 1 Posts
    • 0 Thanks
    Fern.clarke29
    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 ?
    • Chris10kwp
    • By Chris10kwp 27th Mar 18, 5:54 PM
    • 2 Posts
    • 0 Thanks
    Chris10kwp
    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.
    • madmum8335
    • By madmum8335 28th Mar 18, 9:22 PM
    • 19 Posts
    • 4 Thanks
    madmum8335
    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).
    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?
    • DCFC79
    • By DCFC79 28th Mar 18, 11:25 PM
    • 32,584 Posts
    • 20,503 Thanks
    DCFC79
    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).
    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?
    Originally posted by madmum8335
    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.
    • CJH26
    • By CJH26 4th Apr 18, 4:48 PM
    • 7 Posts
    • 0 Thanks
    CJH26
    Rejected Section 75
    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 You
    • Flossyfloo2
    • By Flossyfloo2 12th Apr 18, 10:31 PM
    • 2 Posts
    • 0 Thanks
    Flossyfloo2
    Please help...
    Hi all

    Iíll 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/weíre 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
    • ramblingray
    • By ramblingray 17th Apr 18, 2:13 PM
    • 1 Posts
    • 0 Thanks
    ramblingray
    ramblingray
    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?
    • 2060lucy
    • By 2060lucy 29th Apr 18, 7:17 AM
    • 1 Posts
    • 0 Thanks
    2060lucy
    Suggested change to article
    Not a question, but...
    The main article's title says
    "Section 75 refunds
    Free protection for ALL credit card spending"

    I know the article is then very clear about third party payments, but is there any way to suggest that they take the "ALL" word out of the title, or to change it to "ALL DIRECT".

    I fell foul of the loophole, assuming I would get double protection by using PayPal, and want to stop others suffering the same problem
    • cazzajay
    • By cazzajay 29th Apr 18, 9:52 AM
    • 1 Posts
    • 0 Thanks
    cazzajay
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.
    • DCFC79
    • By DCFC79 1st May 18, 9:38 AM
    • 32,584 Posts
    • 20,503 Thanks
    DCFC79
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.
    Originally posted by cazzajay
    Ring up again and see what another phone operator says. You could even ask a question before giving your details.

    Who is the card company ?
    • cns06
    • By cns06 1st May 18, 6:50 PM
    • 228 Posts
    • 111 Thanks
    cns06
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.
    Originally posted by cazzajay

    Any update on this?? I have a problem it goods from 2016. Getting nowhere with the company who supplied so thinking of going to my credit card company.
    • eddddy
    • By eddddy 2nd May 18, 10:31 AM
    • 6,908 Posts
    • 6,847 Thanks
    eddddy
    6 months or 6 years to claim? My credit card company just told me that there is a 6-month deadline for claims (the payment date was 6.5 mths ago) and that I need to go via Trading Standards to raise a dispute. I'm seeking a refund of a deposit on a bridesmaid dress after the shop ceased trading.
    Originally posted by cazzajay
    Section 75 makes the credit card company jointly liable for breach of contract (or misrepresentation).

    You have up to 6 years (in England or Wales) to make a claim for breach of contract - from the date that the breach occurred. So you have up to 6 years to make a claim from the credit card company.

    If a company took a deposit for a dress and has failed to provide a dress - that sounds like breach of contract (unless there is some other relevant info that you haven't mentioned).

    Technically, the date of the breach of contract might be the date that the dress was due to be delivered - so maybe that hasn't happened yet.


    (If the credit card company mentioned 6 months, they might be talking about their time limit for investigating chargebacks - which is something different.)
    Last edited by eddddy; 02-05-2018 at 10:38 AM.
    • cns06
    • By cns06 2nd May 18, 11:40 AM
    • 228 Posts
    • 111 Thanks
    cns06
    Thanks for that.
    • Ian N
    • By Ian N 3rd May 18, 7:42 PM
    • 1 Posts
    • 0 Thanks
    Ian N
    Holiday bought from USA travel Agent
    If I bought a holiday from a USA travel agent and they went broke would Section 75 cover me?
    • stp101
    • By stp101 22nd May 18, 9:07 PM
    • 3 Posts
    • 0 Thanks
    stp101
    Does Section 75 cover damages?
    Does section 75 cover damages from a breach of contract?

    For example, if you had a kitchen installed poorly and it couldn't be resolved, would you be able to claim the cost of the original kitchen and damages for having it removed and making good any plasterwork when a new one is installed?
    • meer53
    • By meer53 22nd May 18, 9:40 PM
    • 9,288 Posts
    • 13,511 Thanks
    meer53
    Does section 75 cover damages from a breach of contract?

    For example, if you had a kitchen installed poorly and it couldn't be resolved, would you be able to claim the cost of the original kitchen and damages for having it removed and making good any plasterwork when a new one is installed?
    Originally posted by stp101
    Section 75 would cover breach of contract. In some cases you can claim for consequential losses. The only people who can answer your question is your card issuer. The decision is up to them as to whether you would have a valid claim.
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