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Section 75 claim

including wills and probate
vagrantbrain
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Section 75 claim

#350512

Postby vagrantbrain » October 25th, 2020, 4:00 pm

Has anybody had any successful experiences making a claim to a credit card provider under section 75? I'm in a dispute with a company who have stopped providing a service and won't engage with me to resolve the issue. It's pretty cut-and-dry (IMHO!) and in scope for S75 but i've never used it before so wondered if it's worth the effort or if I should just go straight to the small claims court instead for a refund.

gryffron
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Re: Section 75 claim

#350516

Postby gryffron » October 25th, 2020, 4:31 pm

Contact your Credit Card Company (CCC) and ask. You are their customer, not the trader. Much easier and quicker than small claims.

As long as the trader is still trading, the CCC can reclaim your money under their contract with the seller. And they will. You will get your money quickly. In this situation the CCCs are on your side and typically have little hesitation. After all, it doesn't cost them anything.

The legality of Section 75 is more use where the trader as gone bust. In this case the CCC has to meet the cost themselves. In this situation they are usually more reluctant. Although the law is pretty clear, and they'll usually refund you eventually. But where it's not their money, they'll give it back quickly and happily.

Gryff

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Re: Section 75 claim

#350519

Postby johnhemming » October 25th, 2020, 4:49 pm

I started this process relating to a cancelled Air Flight recently, but got the funds direct from the agency. I am not sure which caused the payment to be made, however.

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Re: Section 75 claim

#350561

Postby GoSeigen » October 25th, 2020, 6:51 pm

gryffron wrote:Contact your Credit Card Company (CCC) and ask. You are their customer, not the trader. Much easier and quicker than small claims.

As long as the trader is still trading, the CCC can reclaim your money under their contract with the seller. And they will. You will get your money quickly. In this situation the CCCs are on your side and typically have little hesitation. After all, it doesn't cost them anything.

The legality of Section 75 is more use where the trader as gone bust. In this case the CCC has to meet the cost themselves. In this situation they are usually more reluctant. Although the law is pretty clear, and they'll usually refund you eventually. But where it's not their money, they'll give it back quickly and happily.

Gryff


Not in my experience: my CC company (Halifax) investigated and refused my claim based on their cursory investigation.

GS

vagrantbrain
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Re: Section 75 claim

#350586

Postby vagrantbrain » October 25th, 2020, 9:13 pm

Thanks all - i'll give the CCC a call tomorrow and get things started

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Re: Section 75 claim

#350593

Postby AF62 » October 25th, 2020, 9:37 pm

vagrantbrain wrote:Has anybody had any successful experiences making a claim to a credit card provider under section 75?


Yes, probably done half a dozen over the last few years - a two year old monitor that failed, a four your old fridge freezer, a three month old mobile phone with marks on the screen, a refusal to refund from a travel agency, etc.

gryffron wrote:Contact your Credit Card Company (CCC) and ask. You are their customer, not the trader. Much easier and quicker than small claims.


Agree, although the difficulty with some banks is getting past the poorly trained front line staff to the s75 team.

Normally it is just a form to fill in and send off.

gryffron wrote:As long as the trader is still trading, the CCC can reclaim your money under their contract with the seller. And they will. You will get your money quickly. In this situation the CCCs are on your side and typically have little hesitation. After all, it doesn't cost them anything.


Whether the credit card company gets their money back is irrelevant to you - and frankly I have no idea whether they do or not. The last but one claim I made was for a three month old phone that John Lewis wouldn't deal with. However John Lewis Financial Services (I had paid with a John Lewis credit card) refunded in full and told me to throw the phone away.

gryffron wrote:The legality of Section 75 is more use where the trader as gone bust.


The credit card companies might want you to believe that, but that is not true.

s75 means the credit card is jointly and severally liable with the retailer. If something has gone wrong there is no need at all to approach the retailer first before approaching the credit card company - and in fact I take that policy with certain retailers who's customer service is non-existent - unfortunately that used be companies such as Dixons/Currys, but now includes John Lewis.


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