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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 70
  • Nochex company representative
    Nochex company representative chips in
    The item in question does not have a trade association, ombudsman or professional group who can review making this report difficult to obtain, but what Iím not clear on is if itís even my responsibility to do so.
    We recently had a similar case when a consumer was asked for get a third-party confirmation that an appliance was indeed faulty. We checked with our bank and they suggested that it would be possible to use a notary to provide such confirmation. Here is a link to Wikipedia explaining what a notary is.
    ďOfficial Company Representative
    I am the official company representative of Nochex. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • dc240969
    • By dc240969 16th Nov 18, 12:26 PM
    • 70 Posts
    • 12 Thanks
    dc240969
    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?
    • DAVID HARVEY
    • By DAVID HARVEY 22nd Nov 18, 10:36 AM
    • 2 Posts
    • 0 Thanks
    DAVID HARVEY
    Purchased flights to USA and back .On booking I paid extra for comfort seats IN January .When I took the flights in September i did not get comfort seats just ordinary ones .Can I claim under section 75 for this
    • dc240969
    • By dc240969 23rd Nov 18, 1:57 PM
    • 70 Posts
    • 12 Thanks
    dc240969
    Is there anyone that actually knows about S75 that can help. The credit card company are adament that l am liable for this interest.
    • WendyBedd
    • By WendyBedd 27th Nov 18, 8:43 PM
    • 2 Posts
    • 2 Thanks
    WendyBedd
    Flight
    I paid for my flight return but on return airline went bust, I used another card to buy another ticket to get back but I have been told I can not claim for the return flight as I used another card for that purchase... do you think that is right?
  • Nochex company representative
    Nochex company representative chips in
    WendyBedd wrote "I paid for my flight return but on return airline went bust, I used another card to buy another ticket to get back but I have been told I can not claim for the return flight as I used another card for that purchase... do you think that is right?"

    Yes, I believe that is right.

    Have you contacted your first card company about the original 'bust' company ticket? If this card was a credit card then the 'first' card company will be able to give you your money back for the original bust company transaction. Good luck.
    ďOfficial Company Representative
    I am the official company representative of Nochex. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • WendyBedd
    • By WendyBedd 28th Nov 18, 6:35 PM
    • 2 Posts
    • 2 Thanks
    WendyBedd

    I bought return flight with Halifax credit card and hours before flying home the airline went bust and I never had any money on me to get home but my friend loaned me the money and got me a flight home. They paid with their debit card and I paid them back. Halifax say as I never used their credit card to get back they don’t owe me for flight home but I thought I would be covered for any additional costs to get back to my destination no matter how I paid for the return flight. Can anyone help me on this, am I correct or is Halifax? I have to add that Halifax have given me the money paid for for ticket but not on the second return flight.
    Last edited by WendyBedd; 28-11-2018 at 6:44 PM. Reason: More information for understanding
  • Nochex company representative
    Nochex company representative chips in
    Wendy, from what you describe I don't think the Halifax owe you anything.

    There are two other avenues you need to consider: first, ABTA - your flight may be covered by their travel scheme; second, did you take out any travel insurance or do you have travel insurance through some other product such as your bank account, credit card? Worth checking these out.

    Good luck!
    ďOfficial Company Representative
    I am the official company representative of Nochex. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Uitlander
    • By Uitlander 7th Dec 18, 8:52 AM
    • 14 Posts
    • 3 Thanks
    Uitlander
    Long story short I bought a Surface Pro from the Microsoft online store in September for £999. The touchscreen failed completely after 6 weeks of use, and after returning the machine to Microsoft for warranty repair they have refused stating there was damage to it. The Surface arrived back with a dent on the corner which had not been there when it was sent off. There's been lots of to-ing and fro-ing with their customer support, but they insist the touchscreen failure is a result of the damage and so refuse repair, replacement or refund. Infuriating as the damage appeared while it was with them for repair.

    I'm getting nowhere with them asking for a repair, or asserting rights under the Consumer Rights act so I contacted my credit card people last night about a section 75 claim. All this is on the basis that the Surface Pro was not of satisfactory quality and unfit for purpose due to touchscreen failure after 6 weeks.

    The credit card people have told me to use their dispute process instead and are sending me some forms to fill out. I kept saying I thought I needed to use a section 75 claim, and the response was that they felt I should use their dispute process instead.

    Does anyone know why I'm being steered towards the company's dispute process instead of a section 75 claim? Should I go along with this, or inisist on a section 75 claim to be processed instead?
    Last edited by Uitlander; 07-12-2018 at 9:06 AM. Reason: correct typos
  • Nochex company representative
    Nochex company representative chips in
    "Does anyone know why I'm being steered towards the company's dispute process instead of a section 75 claim? Should I go along with this, or inisist on a section 75 claim to be processed instead?"

    They are steering you in this direction because if you go directly down the S75 route then they are liable; if you go down the dispute route it provides them with the opportunity to push your claim onto the your supplier.
    This is not my area of expertise, but I would play ball with them, fill in and return their forms. If they can get you your money back why would you care who paid you? Good luck!
    ďOfficial Company Representative
    I am the official company representative of Nochex. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
    • Uitlander
    • By Uitlander 7th Dec 18, 11:24 AM
    • 14 Posts
    • 3 Thanks
    Uitlander
    "...
    This is not my area of expertise, but I would play ball with them, fill in and return their forms. If they can get you your money back why would you care who paid you? Good luck!
    Originally posted by Nochex company representative
    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.
    • bris
    • By bris 7th Dec 18, 5:57 PM
    • 8,330 Posts
    • 7,254 Thanks
    bris
    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.
    Originally posted by Uitlander
    S75 is not a money back guarantee for any reason. The problem you have is the CC has the same rights as the retailer.


    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.
    • badger999
    • By badger999 19th Dec 18, 9:45 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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 weíll be closing at 5pm on 27, 28 and 31 December.
    Time limits apply to making a complaint. So itís best to take action as soon as you realise thereís a problem Ė or decide youíre unhappy with the businessís response.

    Aitch
    • badger999
    • By badger999 19th Dec 18, 10:03 PM
    • 21 Posts
    • 5 Thanks
    badger999
    In your case they will deny the claim based on the report that states the item's damage caused the problem.
    Originally posted by bris
    This is definitely an obstacle to overcome,a classic your word against theirs situation.
    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.
    • badger999
    • By badger999 19th Dec 18, 10:27 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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?
    Originally posted by dc240969
    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.
    • badger999
    • By badger999 19th Dec 18, 10:50 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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.
    TIA
    Originally posted by HoneyPup
    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.
    • badger999
    • By badger999 19th Dec 18, 11:07 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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!
    Originally posted by Poppy500
    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.
    • badger999
    • By badger999 19th Dec 18, 11:15 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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)
    Originally posted by shoi
    An excellent example of why the consumer rights act exists.
    • badger999
    • By badger999 19th Dec 18, 11:24 PM
    • 21 Posts
    • 5 Thanks
    badger999
    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 itís 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
    Any advice How to get an invoice for purchase of an annual train pass I bought at one of Northern Rail stations?

    I emailed the Northern, and spoke with ticket office at the station with no success so far Ö
    Originally posted by PTR72
    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.
    • **Juice**
    • By **Juice** 13th Jan 19, 8:08 AM
    • 486 Posts
    • 297 Thanks
    **Juice**
    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.
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