Find out how spending on a credit card can give you extra protection on your purchases.
Section 75 of the Consumer Credit Act 1974 is a piece of legislation designed to remove the risk that you, as a consumer, will ever get into debt paying for goods or services that you didn't receive, were faulty or were otherwise not as described.
When you use your credit card to pay for goods or services between £100 and £30,000, Section 75 holds your credit card provider 'jointly and severally' responsible for your purchase. This means that you have the right to claim a refund from your credit card provider if there is a problem with the goods or services you ordered.
There is no time limit for making a Section 75 claim, however if you're unhappy with how the claim is handled you have just 6 years in which to pursue your credit card provider through the courts.
To claim a Section 75 refund from your credit card provider you will need to have paid for goods or services on your credit card that cost more than £100 and less than £30,000. Additionally, the total amount of credit borrowed cannot be greater than £25,000.
Technically, this qualifying amount needs to be for a single item (or booking) before any delivery charges or additional fees are added. The exception to this rule is when you make a purchase as part of a '2 for 1' style special offer or deal.
In this instance as long as the total value of the conjoined purchase is more than £100 and less than £30,000 you should still be able to make a claim.
If you make a purchase for goods or services that fail to materialise, are faulty, are poor quality or are inadequate in some other way you have the option to place a claim with your credit card provider right away. However, it is usually best to first approach the retailer or service provider directly (where possible) and ask for a refund.
If this proves fruitless you should then do the following:
Alternatively, you could try calling your credit card provider and request that they send you a Section 75 claims form (offered by some credit card providers) which you should then complete and send back to them with copies of any supporting documents requested.
If you need help with your claim you can contact Citizen's Advice.
Providing the total value of the item purchased with your credit card is greater than £100 and less than £30,000 you will be protected by Section 75 of the Consumer Credit Act even if you only pay a deposit with your card and use another method of payment to settle the outstanding amount.
For example, if you pay a £20 deposit for an item priced at £200 on your credit card and then settle the rest by cheque your credit card provider will still be jointly liable for the whole amount.
Any purchase you make by credit card while you are abroad will be protected under Section 75 of the Consumer Credit Act, providing they fall within the £100 - £30,000 inclusion range.
Similarly, any purchase you make from a company based overseas will receive the same level of protection when you pay by credit card. This holds true regardless of whether you make your purchase online, by telephone or via mail order.
Section 75 does allow you to claim for "consequential losses" which are caused because from the original problem, so if you have to pay out for unexpected travel or hotel costs for example you can try to claim.
Exactly what is defined as a "consequential loss" however is open to interpretation so making a claim may be more difficult.
Purchases made using debit cards, charge cards, gift cards, the vast majority of prepaid cards, cash or cheques do not qualify for Section 75 protection. This is because they do not operate under a credit agreement.
The Debit Chargeback scheme does, however, offer some protection for purchases made on Visa and MasterCard debit cards. This scheme enables you to obtain a refund from your debit card provider if any purchase you make on your card is unsatisfactory, doesn't arrive or is faulty.
It also protects you if your card is used fraudulently. However, unlike Section 75 there is no legal obligation for providers to fulfil this protection so placing a claim with the issuer of your Visa card or MasterCard provider may require a little persistence.
You should be able to claim a Section 75 refund on unfulfilled goods or services purchased from a company that has gone into administration - as long as your purchase was valued between £100 and £30,000 and you made at least a deposit using your credit card.
I am currently in communication with Tesco to recover ?1950 from a company that has just gone into recievership. Has anyone had any dealings with Tesco's and can advise me on Tesco's service regarding claims?
Sharon Dark, what was the name of the company and how did your claim with Tesco go?
12 weeks and still waiting for pay-out.
They have done everything they can to not pay-out. Now they are saying I used the item for 12 months before if packed in so they now deducted £80.00. Going to ombudsman next, then court if need be.
6 months down the line and the claim is still going on. Tesco bank has tried everything to get out of paying. The time wasting is a joke. Even the the word Tesco is band from our house.
6 months down the line and Tesco Bank still have not paid the claim. They have made every excuse not to pay, even when they have agreed a settlement figure, Court may only be the answer in the end.
7 months down the line and Tesco still not giving me an answer.
I bought a washer using my Tesco credit card from a store which had gone bust. It was guaranteed for 2 years. A month out of the guarantee it broke down and Tesco bank refused to pay me back or do anything whatsoever about it so I had no choice but to pay for repairs. I think it could still be under 6 years old and may still have the receipt but no receipt for the repair. I do however have the part which was taken out. Any advice on if I can still do anything about it will be more than welcome
So glad I have read these reports as tried to claim for a bed that kept breaking but Tesco said I had to obtain a specialist bed makers report to show what the problem was before they would consider my case despite sending them copies of all the emails and correspondence. I am now going to contact them again as I now have more evidence hearing your comments and knowing my rights.
can I make a p p I claim against Tesco my account with them is now closed I sent them a p p I Template letter with a one pound cheque enclosed they returned my letter and cheque. Quoting the consumer credit act 1974 section 78 saying they only have a duty to give information only to a debtor under a running account credit agreement . advice please. john b d
Hi all, I did get my money off Tesco Bank but it took just over 7 months and a lot of phone calls and letter writing to get it. I can say you have to keep going, and also keep dropping in the words "small claims court" if you still get the run-around. Any repair reports they ask for, that you have to pay for, you can be claimed back. You should be in the same position after the claim as you where before the claim, according to consumer rights. They will try the line " well you have used it for x amount of time before the problem came along," so you might have to lose a little money for a quick settlement.
Been in dispute with Tesco (spit) for 20 months. Financial ombudsman found in my favour. After another six weeks of no contact I eventually got my money. Don't give up. The process is: make a section 75 claim. Tesco will almost certainly reject it. Complain to Tesco who will move at a glacial pace but eventually reject your complaint. You have now fulfilled the criteria to seek adjudication from the financial ombudsman service.Remember Tesco are not interested in the validity of your case they will just try to avoid their legal obligations and wear you down to the point where you give up. Every little helps (my @rs#)
I bought a kitchen from Moben in March 2010.Fortunately, this inept company has gone to the wall now ,but as payment on this purchase,I used two credit cards with Section 75 in mind..it didn't work for me. Despite numerous calls and letters to Nationwide B.S, they sat squarely on the fence in my dispute with Moben, a five day fit which took 72 days to complete, unsatisfactory, and at no time did the Credit Card Company come off the fence and show any interest in helping me. The outcome of which was I ditched any further dealings with Nationwide from that moment on.
There is no tim limitation on a Section 75 claim so even though your last post was 3 months ago I wouldn't give up! you! In these cases the card providers fight tooth and nail but if you continue to pursue you WILL win eventually. I read another article before with comments from customers (http://news.bbc.co.uk/1/hi/programmes/moneybox/7902276.stm) which said it took a long time to resolve but they got there in the end. One further article I read said that the CC company settled the day before the final court hearing - doesn't that tell you something? It tells me that they would lose in court and therefore had to settle. KEEP PUSHING!
Thanks M477 but although you say there is no time limit on Setion 75 it is over two years now since I had this Kitchen fitten by Moben. My main mistake was not to persue this claim with Nationwide at the time and I should have also involved my other card company Capital One. Hindsight is a wonderful thing, but if someone else reads this and is in a similar situation, learn from my mistake and push your Credit Card Company, because like m477 says, they will pay out in the end. B
I am going through a similar claim. We bought and had fitted a bathroom by Dolphin bathrooms. Since it was fitted we have had them back many times for different problems. These have still not been resolved. They (Homeform) went into administration in July 2011.We paid the whole amount by credit card.£8750.00.Earlier this year we were advised to claim under Section 75 of the Consumer Credit Act.Lloyds Tsb have written to us requesting all the documents relating to the bathroom which we have done and also sent them photographs.They have now asked us to get quotes from bathroom fitters to repair the bathroom if viable.Does anyone know if the credit card company have to refund the whole amount or can they get away with putting the bathroom right?The money was left to my partner by her mother who died in 2009.
The credit card company must refund the FULL amount. You're also under no obligation to obtain quotes from alternative product providers for the purpose of getting a botched/incomplete job rectified. If the credit card company refuses to refund you in full, you should take the matter to the Small Claims Court. The Small Claims Court is a fantastic service because you can lodge you claim online for a tiny fee, you don't need to be represented by a lawyer and you can be sure that the credit card company will quickly cough up the money before the case comes before the court because: (1) they know they have no leg to stand on and (2) their lawyers fees will far outstrip the cost of your claim.
how do i go about making a claim under this section 75.
i bought into freedom vacations, a holiday club based in teneriffe, the claims of major savings on future holidays were untrue and i believe the cashback that i'm supposed to receive is very unlikely to come through. what should i do from here to get a refund of some sort. theres lots of companies from teneriffe that offer to do this for me with a fee up front, but i dont truast a one of them.
Sorry to hear that MikeyboyM - how exactly you need to do this is explained above. However contacting your credit card provider or bank (depending on how you paid) is the first step. Best of luck.
Asset Release consultants got me my money back in a similar situation but a different company. You can google them. Cost me less than 100 pounds.
Just got same thing in tenerifevfrom ora vacations paid £1000 deposit on visa card then went back next day to cancel but was told no cancelation was in agreement and could not get refund eventually cancelled contract but offered 3weeks hols for deposit sent international signed letter to make sure contract was cancelled and copy to visa card so I can claim cash clawback or section75 it is illegal in eu to refuse deposit back and this is covered by visa card total scam as far as aim concerned all holiday clubs are thieves
Got full refund from ora vacations with help of mindtimeshare site they put me in touch with Spanish local trading standards in costa adeje who got my money back they now have full story about ora on there site and want every and anybody to leave messages on there site about this or similar companys who are scamming people out of there money with promises of free holidays or cheap hols
Really pleased to hear you got your money back daven8!
Last month I purchased some Software for my computer & they are situated in Australia then I had a problem with my Hard drive which although I purchased the product in fact I purchased 3-product's from them. Due to having my drive go I needed to get another Hard Drive but although I managed to keep the copy of the Registration I was able to install the software again & look for placing my Registration number into the program.Once installed it needed to take me to the companies site to ensure my Registration was legal, No problem until suddenly they decided to charge me again for the Registration again, I wrote to them Immediately & they replied that as i had not taken out any continued cover from them my mail would not be looked at for at least 21 day's.So I informed them if they wanted people to pay extra when you purchased anything less than 4-week's later was against the "Fair Trading act in Europe"They replied with the same get out Reply as before, So AS I always purchase on-line with my bank card I would take action through the Bank When I told the bank they could also see my payment to this company on last months card advice, So I explained my position & they asked me would you like us to put a stop on any more dealing's with this company & it was the only sure way through the problem & I agreed.Next day a different E-Mail came but still pointing out I should have purchased their after sales option I informed them exactly what I had arranged with my Bank & told them if they wanted people to purchase the after car in today's market then they should have put the price of the software up. Then told them they were selling a good product but due to their action's I & anyone I deal with would now get a bad report from me dealing with them & all over 14-99 Australia Dollars so now although they made a good product they were now getting no advise from myself to deal with the company again & how wrong & stupid they had been as I also sent them on my 1st E-Mail the order number that I had already purchased from them 4 weeks before.Also made the point they cannot do this in Europe & get away with it even though they are on the other side of the planet. So they will have nil recommendations for a good product & I do get asked very much about computers & software by some companies & many people around the area due to my knowledge in these matters.
Sorry to hear about that crossf.
Ora vactions paid full refund so I cancelled a section 75 with visa company now they have been on phone twice saying visa are still taking money out of there bank and can I help sort it out or they will have to get police ,why would I help someone who rip people off for a living hope they have as much bother as I did getting money back mugs
I bought a treadmill from sweatband in November on my lloyds credit card. The treadmill was 899 pound and the motor blew after three months. It was fixed, then it has Bowen up again. I got a static shock of some sort in my left leg when it blew this time, no injury but was a shock! So I believe this treadmill is seriously faulty, as it isn't something that should have blown up once, let alone twice in less than nine months. The company refuses to refund, or replace (both times they have refused this) and will only repair this treadmill again. Can I claim from my credit card?
yes s0nya, it is within your right to claim under section 75 of the consumer credit act 1974. As the goods where not of a satifactory quality and possibly dangerous. Make sure you have all the details regarding the repairs, purchase and refusal of the company to refund, to provide to your credit card company. Keep these safe as the are evidence of your claim. I would advise you to use recorded delivery for copies of documents and special delivery for originals when you liase with your credit card company. NOTHING I HAVE WRITTEN HERE SHOULD BE CONSTRUED OR TAKEN AS LEGAL ADVISE IN ANY WAY, SHAPE OR FORM.
I bought tickets for V festival this year costing 700 pounds Inhave since lost the tickets and have contacted the retailer who advise they cannot reissue or email a replacement so I will be unable too attend the event would I be covered?
i bought a wardrobe and dressing table from Argos,both very poor quality and unfit for purpose,only had them 2 months,been argueing with them for 2 weeks,they are refusing to giv me a refund only exchange them(they are poor quality i dont want another 2) can i get refund from my credit card provider that i purchased them with?
I can empathise with you Sazzic,
I bought a bed from Argos last summer, it broke in May and I am still, 7 failed deliveries later, trying to get the replacement sorted - I've been sleeping on a mattress on the floor for the last 3 months!!!
With regards to section 75 it is usually used when a company goes bust and you lose out as a result, it still might be worth trying though they might accept that you have a case but since Argos are offering an exchange it's probably unlikely...
Can anyone tell me if section 75 would cover this eventuality. My daughter wanted to go on holiday with her friend. As my daughter was only 17 it was her friend that was lead passenger due to her being 18. I paid for the holiday on my credit card and her friend paid me her half in cash. The holiday cost £469.00. During the lead up to the holiday, my duaghter and her friend fell out and her friend said that she was going to find someone else to go on holiday with. This was awful for my daughter but agreed to sell her holiday for a mere £200. However, she has only received £100 and has basically been told that she won't get anymore. Can I claim as the goods were not received. As she wasn't the lead passenger, it was out of her hands as to who swapped the names on the holiday etc.
That's a difficult one micha93.
I'm really sorry to hear that your daughter has had such a horrible time!
I'm not entirely sure that you would be able to claim via Section 75 because the holiday booking was still valid, it was just that your daughter didn't end up going.
However, it might be worth contacting your credit card company to query it with them just in case.
I ordered 4 items of clothing from LK BENNETT back in November 2011 and sent 3 of the four items back. LK BENNETT say they never received the parcel back and even though they sent me a prepaid sticker, because I didn't pay the extra £5.95 for tracking the parcel they won't refund or try and trace the parcel. I have proof of postage. In fact they have done NOTHING to help at all. Anyone had a similar problem and how did you handle it? I paid by Credit Card. Will they refund me for the goods lost?
I would like to pay a friend's holiday deposit on their behalf with my credit card. If there is a problem, will there be any difficulty due to the fact that the purchaser of the holiday is different from the card holder?
I paid a £4000 for some extensive work on my car, £1500 deposit in cash then £2500 on my Tesco credit card. The work was completely defective and the proprietor was made aware of this. He stated in an email that he had let me down and would put it right but kept delaying the date agreed, eventually he stopped replying to my emails and phone messages. I eventually pursued the matter through the small claims court and received a judgement but attempts to recover the money through bailiffs have been unsuccessful.
It has cost over £8000 to rectify the work as the car had to be completely redone. I contacted my credit card company and completed the forms for a disputed payment but the claim was rejected. The proprietor did not give me a receipt and Tesco say that without a receipt I can't prove a contract existed and therefore cannot prove a breach of contract under the Consumer Credit Act. I don't see how a receipt proves the existence of a contract, in my opinion it just demonstrates a payment was made and as a large proportion came from my Tesco credit card I can't see how this can be in dispute.
Tesco were sent copies of emails and phone bills which illustrate giving the proprietor the opportunity to rectify the poor workmanship and his admission that he was at fault. They were also sent copies of solicitors letters, and independent inspection reports and photographs which clearly illustrate the poor workmanship. Also included was a copy of the CCJ which I feel illustrates a breach of contract under the Supply of Goods and Services Act.
At the time I spoke to Tesco they did not volunteer the fact that they could also be liable for all of the costs involved with this case, both the full amount paid for the work and for the rectification. I have now begun the process of raising a complaint with the financial ombudsmen but wondered if their reaction is likely to be similar?
So sorry to hear that ajnegus. It's certainly worth taking to the Ombudsman just in case. Best of luck with it.
Say you owed 20k on cc for single purchase and still owed 15k what would get back under sec75
I have just bought a website business on my credit card and I have since found out that there are some facts that were glossed over by the seller. They also told me it was making £500 turn over but this is not the case. This was told to me verbally. Also the original listing for the site on businesses for sale shows a TO of £50k and a profit of £10k. We are reliant on the people we bought the site off for dropshiping so we don't want to rock the boat too much in the sense that we don't want to ask for our money back i case they say no and refuse to supply use. They have tried to explain that they said in used to make £500 per month but not for the last 120 days. We are very worried there are our life savings. Is there any recourse from the CC company ?
That's a really difficult one frankha98. Your best bet would be to query this with the company that provides the credit card you paid with. In any case given your reliance on this company it could be a good idea to get some legal advice.
Thanks for that Hannah. There has been further developements. Along with the website.They sold an ebay store. We have discovered that it is against ebays TOS to sell an ebay account and or store. Ebay have told me it is fraud. I have not completed a section 75 chargeback. My card company seems to think we have a good case..
I ordered my daughter some Ugg boots from what appears to be a very genuine site, it was at her request and financed from part of her birthday money (13 last month). I received a letter yesterday from Deckers (ugg i discover now are their brand) stating that the goods are counterfeit and have been seized by the uk borders agency - they will be destroyed.I e-mailed the company concerned last night and they have responded pretty quickly, wanting to post out a replacement - I obviously have refused that option and am insisting on a refund (I will get one soon they say...). My question is, can anyone advise me if I have any protection, the total purchase cost was £65.00 and I paid on Barclays Visa Debit. Although it might not seem like a lot of money, it is to me at the minute... I feel a bit of a plonker, and will ensure that i do more checks in future (it is an Australian site, and did appear very genuine). Many thanks
Sorry to hear that Ellana! If the company won't get you a refund you may be able to claim your money back via charge back. This is slightly different to the section 75 protection that covers credit cards. This guide explains more about it: http://www.money.co.uk/article/1004510-is-debit-card-protection-the-same-as-for-credit-cards.htm
Thank you Hannah, I will go read that now !
I just got hold of ministry of justice to try and get back £295 from a company called redress who tried and failed to win me ppi but in the contract i would get back the fee if no joy.Got letter in May to say they would pay me back and still i wait having sent countless e-mails and promises from them to say they would?moj said to send them a letter with refund under section 75 will this work?
Based on your description of matters, yes you can reclaim per section 75. My advice is for you to submit your claim to credit card provider and no longer hassle with trying to settle the matter directly with the PPI claims company (clearly the PPI claims company has no interest in settling). You can do this because the credit card provider is jointly and severally liable. If the credit card company provider refuses to repay you in full within a reasonable time period, you should lodge an online claim with the Small Claims Court service and you can bet that the credit card provider will settle asap.
HiRecently bought handbasin and toilet on internet. They were delivered the day before we were leaving for 4 weeks holiday. Unfortunately we only unpacked and checked the handbasin. On our return when the plumber came to fit the cistern was found to be cracked. We contacted the company and sent photos but they refused to replace it as we did not contact them within 5 days of receipt of the goods. We had to purchase another cistern from them as they are the only suppliers. The original set was almost £300 and the replacement cistern was £100 inc. delivery. Do you think we will be able to claim on our credit card? NG
When I signed a contract for a bathroom makeover, I naturally assumed that the work involved would:• be carried out by a registered plumber;• comply with the strict requirements of Water Regulations and Byelaws;• be carried out in a "workmanlike manner with "reasonable care and skill" in accordance with the Sale of Goods and Services Act and; • that all equipment would be installed correctly in full compliance with manufacturer's instructions.I was wrong on all counts. On completion of the work, apart from the tiling which is superb, the installation was a complete disaster with major defects in the fitting of all units including:• the installation of pipework which was not adequately supported• the installation of pipework which was not adequately clipped with insulating tape used to hold pipes together;• the installation of pipework which was not adequately insulated to protect against heat or frost;• a failure to fit isolating or servicing valves to pipework where required by Water Regulations;• against manufacturers installation instructions, the fitting of the cold feed to the pump above the feed to the hot water tank in the cold tank in the loft;• a basin which was not properly secured because fixing screws were not put in place;• a pedestal which was totally free-standing with no fixings whatsoever;• a bath panel which is too narrow to fill the gap between the bath top and floor and from which a decorative vertical curved edge has been cut and which is now concave at one end;• water lying along the top edge of the bath panel and eventually disappearing down the back of the panel;• a wide gap between the bottom of the bath panel and the floor which has been filled with clear mastic;• a bath shower door which tends to hang outside the bath;• a bath which took 20 minutes to empty and which resulted in loud clunking noises from the sink when being emptied; • a shower which can only be used on gravity feed because the new pump functions erratically; • a failure to replace the old painted pipework when fitting a towel warmer; • a failure to ensure that the gap between the old existing pipework matched the gap required to fit the new towel warmer exactly and; • the failure to match the outside pipework to the existing pipes; • the fitting of pipework against electrical installations;• the failure to fit a raised shelf quoted for and for which a drawing was supplied and finally;• a flush-to-the-wall toilet which, despite the fact that it was totally unsuitable because the wall was out of plumb, was fitted nevertheless. When the fitter sat the pan on the floor for the first time, it would have been immediately obvious that the wall was out of plumb because the because the back of the pan at floor level would be touching the wall but at the top of the pan there would be, and is, a very noticeable gap. This being the case, it would be impossible to fit the complete unit in a workmanlike manner flush to the wall because of the resulting gaps between the toilet and cistern and the wall and between the cistern and toilet pan. At that point, exercising due skill and care, the fitter should have brought this to my notice and the toilet and cistern type changed from a back to the wall type to one more suitable. When asked later why he went ahead and fitted the toilet regardless, his reply was, "You picked it". The registered plumbers called in to sort out the botched installation were unable to rectify the gaps in the toilet system and we have now been left with the gaps mentioned above, plus a wide gap at the base of the pan which has been filled with clear mastic.Given that the fitting of the bath and panel, sink and pedestal, toilet and cistern, pump, towel warmer and outside piping were all substandard, I completely lost confidence in the company. I therefore refused to have the same fitter back in the house and insisted that remedial work be carried by a SNIPEF registered plumber to the high standard that I had the right to expect when entering into the contract. Despite the fact that the registered plumbers called in by the company to remedy the extensive list of faults did an excellent job in correcting many, but not all, of the defects, the fact remains that the original fitter did not carry out the installation in anything like a 'workmanlike manner', displayed a complete lack of care and skill and contravened Scottish Water Byelaws. Furthermore, according to SNIPEF records, the plumber who carried out the installation is not a registered member. Nevertheless, he claims to be a fully trained and qualified plumber with some 25 years experience and if that is the case, then he must have known what he was doing and that some of the work he was carrying out was contravening Scottish Water Byelaws and that his other work fell far short of the reasonable skill and care as defined in the Sale of Goods and Services Act.. After some 5 months, the bathroom is still in an unfinished state the company have now sent the bill for the outstanding balance with a £320 'goodwill' discount.However, the bath panel which is ruined, will cost £100 to replace; the 'plumber' took away extra tiles worth £115 which I was told would be credited and which have not; a fitted shelf quoted for has not been fitted (est £150); a soapdish also quoted for (£15) has not been supplied, and; it will cost in the region of £350 to replace the toilet and cistern. The company refuses to complete the bathroom.I paid the deposit by Mastercard. What can I, or should I, do?
Reckon you should get onto your credit card company, I assume you paid by credit card, without delay and send them the details of you claim saying that you want to make a claim under section 75 of the Consumer Credit Act 1974. Include COPIES of invoices, receipts and correspondance and transcripts of phone calls. Then take it from there.
Cheers mate,have just completed the letter.
Just to clarify my position. I paid the initial deposit of £1300.00 by Mastercard, then, when the epuipment had been delivered, but before the work started, paid another £3900.00 by cheque. Today I paid another £1400.00 by cheque and as I said in my last post I have completed my Section 75 Claims Letter and will be sending that in within a few days.Just what would I be able to claim back if I have to take this action.
In my opinion you should be able to get the whole amount under the section 75 rules as you paid the deposit by credit card and its under 30k. Hang in there.
Given that more than 8 weeks have now passed since Tesco Bank took delivery on 30 October 2012, of my claim under Section 75, and that there has been no response since, the matter has now been referred to the Financial Ombudsman.
Been fighting a case with Tesco Bank since Nov 2012 for a engine purchased in March 2012 for a project rebuild of classic mini, they trying everything to get out of paying original engine cost and expenses for fitting etc now want us to quite to repair! I'm fighting to the end for this...
Are you experienced in such matters Robbee?
I paid for a gazebo on three different cards £8900.00. It was absolutely diabolical. I called MBNA who were absolutely brilliant. They told me the whole total I paid on the three accounts would be frozen. I wouldn't be charged any interest and wouldn't have to pay this balance. They posted out the form to me the same day and told me to write to the company to request a refund first, just in case they would actually give it back but not to worry as it would all be sorted. Such a weight off my mind.Get an MBNA credit card. I've been with this company (under previous names) since 1978 and they have always sorted out my queries without any argument. I can't praise them enough.
Pleased to hear you had a good experience with your credit card company at least pyrocrafter.
Well done Pyro, wil bear your your advice in mind. Depends, of course, on the response from my CC company.Edit: No a word yet after almost 2 weeks, not even an acknowledgement!
Hi there, I think there will be an exception for this, but please prove me wrong. I am a British citizen who from the UK applied for an Australian entry Visa in July 2008, and paid for it using my Natwest Visa card. This was £1100.00, and I was told befiore and after applying that I could expect it to be processed within 12/15 months. The processing priorities were changed 5 months after I applied, and this processing time was removed and instead I have received a response, a whopping 4 1/4 years later. My family has grown and it is no longer apropriate to migrate as they have school exams, but the Australian government says they cannot in law give a refund.I didn't get what I paid them for, and have now had to withdraw the application. Despite my appeals they refuse to give a refund. Can the credit card company be held accounable in any way? Any help is appreciated - thanks :)
Hi. Why dont you give your card provider a phone? I found mine to be most helpful. Did you pay by credit card or debit card? I was asked that question and had I said debit card, I wouldn't have been able to lodge a claim. Others on this site will be able to give you better help than I can.
Ho quick question. I was scammed by a company, claiming to be able to write off my credit card debt! This was over 2 years ago. I paid over 900 to the company on my credit card to do this...It then got passed on to a barrister and still nothing has been done but i have since heard the company i paid it to has gone into liquidation...Is there anything I can do?
Sorry to hear that kparker151279. Was it the case that you were taking the company to court personally? Have you actually spoken to the credit card company you paid for the transaction through?
I had paid consortium reclaim to take the case on! No I haven't tried the credit card company because that was the debt I was trying to get written off...it is currently with a barrister firm credit clear services who are not responding other then to tell me they'll respond when they can...where can I get advise about this...I could really afford to pay my credit card back without another 900 on top?
It's probably best to speak to the CAB because they should be able to look at the full situation and give you advice on that basis. Here are their contact details: http://www.citizensadvice.org.uk/index/getadvice.htm
I hope you're able to get this sorted out quickly.
So if I bought a pair fo shoes of £60 and the prooved to be faulty (differentiation of color one from the other) can i claim Section 75 or not? What do I do in this occasion?The retailler seems uncooperative...Thanks in advance,Nikos
Unfortunately not because your purchase needs to be worth over £100 to claim.
You may be able to lodge a claim through the chargeback scheme though depending on how you paid. Here's more info: http://www.money.co.uk/article/1007205-chargeback-claims-how-to-get-your-money-back.htm
Have you put in an official complaint with the retailer?
I've seen a laptop I want over gumtree but very nervous about paying without 100% knowing it's been sent. If I payed via credit card would I be protected?
Since my original posts were made about 2 months ago, I repeat here, comments I added earlier that may be overlooked because of the time lag. They are:"Given that more than 8 weeks have now passed since Tesco Bank took delivery on 30 October 2012, of my claim under Section 75, and that there has been no response since, the matter has now been referred to the Financial Ombudsman".
I bought a plasma LG tv in December 2010 and now the display does not work (I get sound but no picture). I phoned LG and they said as it is out of warranty, they will not repair it. I bought the tv on the Internet using my MBNA credit card. As the tv is 2 years old (It should last a lot longer then this!), can I use Section 75 to get my tv repaired/replaced either by the Retailer or the Credit card company ?. Any advise would be appreciated.
Hardial. The Sale of Goods Act 1979 states goods must be accurately described, of satisfactory quality and safe and durable. Failing this a consumer may be entitled to a repair/replacement or full or partial refund-and it's the traders responsibility to do this, not the manufacturers. These statutary rights apply whether you have a warranty or a guarantee, override any store policy and stay in place for up to 5 years in Scotland and 6 in England. Contact Consumer Direct service (08454 040506).
Hi Glad you have highlighted this for others. A good credit rating is very important. Businesses inspect your credit history when they evaluate your applications for credit, insurance, employment, and even leases. You get this protection only if you pay by some form of credit, including credit cards.
I ordered a dehumidifier from cookwarerange based in Suffolk on the internet payment has been taken and the account page updated that delivery would be on 21 jan. The goods have failed to arrive. I have telephoned but the phone continously goes to voice mail they are not answering my emails. What should I do next
Hi,I purchased kitchen and when installation finished I found unused parts which total to £350.The supplier refused to take back the unused parts and make refund.I am contacting my credit card company. Do you think I have any chance to get my money back?
my partner bought a vehicle in november from a second hand car dealer. It came with a full 12 month MOT and he took out a recommended year's warranty. In the last week he noticed some faults and contacted the warranty company who advised him to take the vehicle to their approved garage to evaluate repairs. The approved garage has telephoned today to say there are several faults and the car should not have passed an MOT and the cost of repairs will be about £3,000 - £4,000. This should be covered under the extended warranty but he has had difficulty contacting the company all day. If it turns out that the warranty company do not pay up and the credit card i paid for the car is in my name, not my partners, (we do live together) will this be covered under section 75, where i can claim for the cost of these repairs ?
I placed an order online with Republic yesterday, they were promising free next day delivery, of course my order of £40.00 didn't arrive today. I am furious that knowing full well they were going into administration today they still take peoples money. ITS FRAUD! and as its under £100 I cannot claim it back from my credit card company.
Did you get the order in the end Blondie? If not then contact their customer services (0844 800 1044 or email@example.com) to request a claims form from the administrators.
Any advice would be appreciated. It is complex but I will try and explain it simply. My father had a car accident and the Insurers, halifax, provided a courtesy car via Enterprise rent a car. My father signed a form ( which in small print seemed to be entirely separate agreement with Enterprise) a £1 which was refundable, was charged to his Credit card. No mention was made on how long he could keep the car, but generally he was told that he could keep it ( fom halifax) till his own car was returned. This was a tricky case, and Halifax have yet to return my dads car. after a while, enterprise rent a car have been calling to the house demanding the car back, saying Halifax have stopped paying them for the rental. in the meantime they have charge my dad's credit card over £2000 and continue to do so. no one has responded in writing to my fathers questions, all keep blaming one another. Enterprise have also cancelled the insurance on the rented vehicle so my father is not able to drive it..Does section 75 apply to this?
Hi, I have issued a section 75 claim againt Tesco for a car I brought that was incorrectly advertised and sold to me as congestion charge free. However as I brought the car from a VAT group so a company that has more than one name, I paid one company G&K groundworks, but the car was from SX little cars although they have the same VAT number Tesco claim I cannot provide the debtor-credito link, any suggestions?
Hi my post office credit card was lost and used by someone for online gambling. I reported it lost straight away however 4600 had been emptied out of my account. I notified the postoffice of the fraudulant transactions straight away. I requested them to refund me as I thought this law would apply to me also. My phone that also was lost had been used to text postoffice to allow the large transactions. I am being told I can't withdraw the 78 pounds I have left which I don't mind however they said it would take four weeks and were not very polite or helpful. banks always seem to favour the other party and I am worried that I have lost money and have to pay for money stolen from me and am in debt for forty minutes.
Sorry to hear that Nee123, have you got that sorted now?
HII Im trying to claim back upfront fees i paided to a ppi company who have gone into adminstration .i only have a pre contraul argreement.and the company who have took overs letter saying im entited to a refund no receipt .can i still get my money back its over £100 pounds
This action plan explains what you'll need to do to get your money back: http://www.money.co.uk/action-plans/getting-what-you-are-entitled-to/how-to-reclaim-ppi-charges.htm and has template letters you'll be able to use too.
Best of luck.
Hello i am trying to find out how to claim back £1200 which i paid to a spanish resale company for the sale of my timeshare which never happened my card company will not give my money back
What was your card company's reason malken?
Barclay card they said i had to pay a deposit to make sure i did not pull out of the sale
What did Barclaycard say malken?
I am currently in communication with Partnership card services in connection with purchase of dining room furniture from a co. called Lesley Jordan for £1925. The company messed about for the actual delivery of the goods with broken promises, and then finally when the goods were delivered these were not satisfactory. The sliding mechanism to extend dining table is very stiff making it very difficult to extend. The safety latches under table top donot shut properly. The finishing generally is not to standard. The merchant is not responding to my complaints. I wrote to the credit card services explaining the problem. The credit card co. (John Lewis partnership) have replied asking me to find an expert (furniture maker) to provide independant report to verify that the goods are not satisfactory. And they have given me two weeks to produce this report. I am at a loss how to find such independant expert! Has anybody any idea? Dilip
Sorry to hear about the issues you've had.
Perhaps try searching for someone in the Guild of Mastercraftsmen because they should be sufficiently qualified to give an independent opinion. Here's the link to their search: http://www.findacraftsman.com/
Beware Lesley Jordan furniture! I have been waiting 3 months now for £750 worth of furniture I ordered from them at the Ideal Home Exhibition in March. They have changed their phone number at least twice since then and don't respond to emails. I am claiming a refund via Tesco credit card, hopefully it will be okay.
Good luck. I have had a similar problem with Lesley Jordan Furniture. I made a section 75 claim with MBNA 2 months ago and am waiting for the resolution of this process.
Hi,I purchased an item from an online company Zardosi in the UK on the 19th of Feb,they have sent me a receipt to say it was sent on the 7th of March to South Africa however I have not received the item,when I enquired how long it would take for me to receive the item they said 7-10 days,I used my credit card to pay,please help!
How much was the order shamini?
That works out over £100 so it would be worth contacting your credit card company. Call their customer services and explain what's happened and that you'd like to make a Section 75 claim and ask what the process is.
hi is my holiday payment covered(insured) if i use a Mastercard Prepaid caxton fx, like if i bought on a visa credit card
Not in the same was cpjp because you won't get section 75 protection. Should things go wrong you may be able to place a chargeback claim but the card company don't have to reimburse you.
If you have a credit card, one option is to pay at least a deposit with it then providing the holiday balance came to over £100 you should still benefit from Section 75 protection.
Hia I bought a table that was ex display from local furniture company tat has since gone into administration.The table was immaculate once delivered but after a few months developed a fault.I contacted the manufacturer who were wiling to replace the table but after the learnt it was an ex display model refused to help,does anyone know how I stand legally on this,thankyou
Hi, I bought balloon flights from 'go ballooning' who have now gone bust. I used my nationwide credit card but I deleted my original email / receipt. It still shows up on my statement (just over £200). Will I be covered if I don't have the receipt anymore?
As it's on your statement RJA you should be. I'd contact your credit card company asap to lodge your claim. Sorry to hear that though, it must be very disappointing; I'd absolutely love to try ballooning.
I paid for the services of a company called Housetree to market and act as estate agents.. After a month the house disappeared from there web site and rightmove etc and all phone calls went unanswered. I have since emplyed another agent as I could not waste valuable time having no marketing.. It then seems housetree sold there client lists to another brand new company (suspiciously with the same employed agents but a new address and name) and offered to take my property and readvertise if I accepted the new t&C. As I had employed someone else in the meantime this was not needed nor did I want to deal with what appears to be a slightly iffy setup. I have claimed under a section 75 but Im slightly concerned they (the bank) will wriggle out of this.
Purchased a leather sofa for £3000, the company went into administration before i took delivery. Payed by credit card so tried to take it up with natwest.I was told that i had no claim because a certain time period had lapsed.Just heard about section 75,would i have a claim now?
Hi there, I am shortly purchasing a used car from a registered Ford dealer offering a 6 month warranty on the purchase.
I am thinking about using a credit card to pay for at least £100 of the total price and have a few questions regarding how Section 75 of the Consumer Credit Act protects my purchase, as follows;
1. Am I correct in understanding that after the 6 month's dealer warranty, if a fault with the car occurs (e.g. the gear box fails) and the dealer refuses to address the issue, I can follow it up with my credit card (for a period of up to 6 years following the purchase)?
2. What happens if for some reason after the purchase - say 10 months later, I decide to finish my contract with the credit card used (e.g. card fees are about to start), is the credit card company still responsible as it was their card that was originally used in part of the car purchase?
3. Is there any limit as to what the credit card company have responsibility for if the original dealer denies responsibility (being sensible that is). For example, if the car was a cabriolet bought for £7,000 and the roof mechanism completely failed after 12 months, costing £3,500 to replace?
Any advice would be very much appreciated,
Help! I recently got an iPad mini and I required data for it- I phoned up Vodafone who said because I was a loyal customer they can give me a great deal on my data plan cause I have a contract with them already. I paid the bill on my amazon credit which came up to £136.36 can I claim for mis sold data and service which is rubbish on my amazon credit card?
In what way do you feel you were missold allys58?
The lady on the phone missold the data plan and I have paid the amount on my amazon credit card
I'd complain to the company first allys58 raising your concerns.
Tesco finance are very poor at getting anything back had 3 issues so far with zero result I am in the process of trying again as there is two years but after this next attempt i will be writing to the Financial ombudsman i would get your letter ready I think I have been abit to soft with Tesco not any more just look at the bloggs about tesco not paying and trying every trick in the book
I cannot believe company's can take your money online, and not deliver the goods.and just because it's under £100 they get away with it and you can't get it back
I'm going down both the Credit Card route and seller route to obtain £1,500 for an inherent fault on a car that was sold. If I absolve liability of the trader/seller can my claim still exist against the Credit Card? The Act states that both parties are liable. If I formally declare that one party is now not liable, the other would still be liable? That's how I read this situation?
Does anyone know?
Hello. I recently purchased a wristwatch from an online retailer via a tesco credit card. after 14 days i identified a number of faults. without even seeing the watch thee retail thinks I have damaged it. i have quoted the reversed burden of proof with no success. as i dont think the retailer will treat me fairly (due to the undertones of his emails) i have opted not to return the watch and instead made a sec 75 claim. tesco say that as i have not returned the item to the online retailer i do not have a claim. i cant see anything in the sales of goods act which indicates this. ard they correct? paul
I went on an online gambling site and spent $250 with my visa. But it shows that I almost spent a grand. The games kept freezing and the bank. But under my history on the casino it says almost $1000 . Will the credit card reimburse on that?
Have you queried it with the company Chelsa? That should be your first port of call.
what about the Northern Rock secured loans
just booked a caravan holiday at special rates, only after booking reading reviews find out it is caravan park from hell. i want to cancel - less than 24 hours booked on credit card - what are my rights and can i get this cancelled through the credit card?
You'll need to check the ts and cs of your booking jazouk because those will dictate whether you're able to cancel.
Can anyone please help me which my issue? Somebody used my credit card and booked flight ticket in lastminute.com. My credit card is AMEX corporate card. They used my name, address and card details, name of the passenger is different. Passenger did not use the flight, but last minute.com have charged me for the ticket. AMEX will not refund the money saying the purchase is valid. Could anyone please help me how can I claim my money back?
I am in the UK on holiday with a NZ based MasterCard, Goods I purchased on line from a UK company have not been delivered and the company has not responded to any correspondence. Question, does section 75 of the Credit Card Act apply to overseas based credit cards?
I made a mistake filling in order form and have to pay for 5 seats instead of 4 at a concert in August,the ticket company refuse a refund...what can I do ?
I have a S. 75 claim going through at the moment for a kitchen that went wrong. The supplier has got 30% of the items wrong or missing and will not help. Due to this the builder has jumped on the bandwagon and disappeared even though I've paid him a lot already. If my claim is successful for my losses and consequential losses (ie covering the completion of fit out) would I still be able to sue the fitter again separately? He has behaved so unscrupulously and deserves to have CCJ set against him. Can anyone advise?
I recently purchased for a considerable amount of money some computer software which was charged to my credit card account via PayPal.Despite the software being faulty and bearing no resemblance to the promotional literature the company has refused to offer a refund of any sort. I have been it touch with other purchasers who are also experiencing the same problems.Although PayPal has a dispute policy, it has a time limit of 45 days from date of purchase which has now been exceeded. Also apparently, disputes involving computer software are not entertained.Do you think that I have any chance of getting my money back if I lodge a section 75 claim with my credit card provider (Nationwide Visa) or is PayPal likely to be a sticking point?
i have been told i cannot claim under section 75, because i used my company credit card? is this true. I own the company, and thought that section 75 would still apply to me?
Hi eggcup, Section 75 applies to sole traders and small partnerships with up to 3 partners because they're covered by the Consumer Credit Act. Credit cards and credit agreements issued to other types of businesses (eg incorporated) aren't usually covered. Does that help?
I have claimed 50% refund from a travel company. There are good reasons why I am claiming this amount but naturally they dispute it. if they did offer me a lesser amount and I accepted it, can I still go to the credit card company and claim the rest under Section 75?Or should I not accept?
How about an ipad thats been ordered to tmobile/ EE which uk mail delivered to wrong person and could not trace it. Ee said they cant cancel the contract which is 52£/ month for 2 ipad in contract what they said is that someone have sign it so the goods been delivered.My husband and myself did received any product. Any suggestion please.
It's the mail companies fault, your claim is with them for delivering to wrong address.
I booked flights for a holiday to Thailand on credit card, a week before leaving I severely broke my arm and am not allowed to fly, should this be covered?
Sorry to hear that Ben. That's something to take up with your travel insurance company assuming you have a policy.
I ordered items from mandmdirect for £26.95, below the limit fot a s 75 claim. I was unavoidably absent when the items were delivered, and mandm is pointing to their t's and c's, whereby non-arrival of items has to be notified within 14 days. I used to like this company, but now I won't order from them again.
I bought a washer dryer on my credit card two years ago, it is now faulty and I believe unfit under the sales of goods act but the retailer wont do anything, can I claim under section 75?
Yes. put in a claim to your card company. "not fit for purpose" white goods should last about 5 years. You may only get the repair money back and it will take months.
This is one of the truly great UK consumer protection laws but having used it in 2013, I know from experience that the credit card companies deliberately make you fight for it by looking for all sorts out get out clauses EVEN AFTER you have supplied all irrefutable evidence. Some will also insist upon a chargeback to the supplier even though this is only valid for a limited period. M & S credit card services certainly come into mind.
Hi all, I did get my money off Tesco Bank but it took just over 7 months and a lot of phone calls and letter writing to get it. I can say you have to keep going, and also keep dropping in the words "small claims court" if you still get the run-around. Any repair reports they ask for, that you have to pay fo,r you can claimed back. You should be in the same position after the claim as you where before the claim according to consumer rights. They will try the line " well you have used it for x amount of time before the problem came along," so you might have to lose a little money for a quick settlement.
put a claim in for the repairs to your credit card, if it can not be repaired put in a claim for a new one. Any repair reports can be claimed back.
Ask your credit card to send you the paperwork for a section 75 claim as the item is "not fit for purpose for a resonable time after."
I have a tablet that is 18months old. It is out of its warranty and retailer gone bust. If I send it to manufacturer, they will charge for repairs. As paid most of it on cc, do I claim for a full refund or have it repaired and then claim for repairs?
That 'single item' rule - what if you book a family meal at a restaurant with a special pre-agreed menu, and the service is appalling and the food is not as agreed? My wife did that. Her credit card provider said she couldn't claim because the cost per person (which they said was a 'single item') was under £100. (The total was over.)
I would say the total is the amount claimable, but give the ombudsman a ring link :- http://www.financial-ombudsman.org.uk/
I bought 25 packs of wooden flooring from floors2go advertised as random lengths 300-1200m. My builder laid one room before I saw it and after 7 packs we received none of the longer length boards (max 800). Therefore I believe they have misrepresented the product in advertising. I have spoken to the store and customer services, and other flooring retailers and all believe I should have max length boards. Floors2go have spoken with the manufacturers and the solution offered was to collect the remaining packs, replace them and £50 goodwill. However I am unhappy with this solution as a) they cannot give me a time frame so costing me money in delay, b) they cannot guarantee a colour match and c) they cannot guarantee the longer length boards! Eg could be 1! My question is therefore, Am I within my rights to claim the full cost back via section 75 but keep the product?
Am I within my rights to claim the full cost back via section 75 but keep the product? I would say no to that one.
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