SECTION 75 (Only)

Protection when buying Goods using a Credit Card - Section 75 Claim

By law, if you've spent between £100 and £30,000, providers should refund you if there's a problem with your purchase. But this vital consumer protection, known as "section 75" claims after the relevant clause in credit law, can be denied to customers, even after a refund has gone through.

This is due to a little-known loophole that means section 75 claims can be reversed.

Other borrowers complain that drawn-out compensation claims have left them without any goods or their money back under Section 75, due to the lack of a legal time limit when resolving claims.

The Financial*Ombudsman*Service, which said it receives a significant amount of Section 75 complaints by consumers each year, said that even savvy consumers commonly misunderstand when they are due compensation.

Common misconceptions include that you are not protected if you use your credit card abroad you are and that you must need to take the retailer to court before making a claim you don't.

Your refund rights under section 75

Shoppers who use a credit card are protected by laws dating back to the Seventies, which apply to goods or services bought online, in person or over the phone.

Under Section 75 of the*consumer credit*Act, the credit provider is equally liable with the provider of goods or services where there is a breach of contract or misrepresentation.

When a credit card provider makes a refund, it is surprisingly common that it doesn't claw back any money from the retailer, essentially this is because the credit card company may regard it as more effort than it's worth.

But what banks don't tell you is that any reversed transaction can be charged back, if a retailer raises a dispute.

There is also no legal time limit for card providers to consider claims, meaning a Section 75 dispute can last several months.... or even years.

However, in practice, as card providers are regulated by the Financial Conduct Authority, then they must respond to complaints in accordance with their policy.

So if there is no response then it is best to raise the issue as a complaint to try to force a response.

Many Section 75 claims turn into lengthy disputes - especially where it is difficult for consumers to prove how their purchases have failed to be supplied as promised.

Section 75 Rules

Under these conditions, the lender will have equal liability for misrepresentation or breach of contract by the merchant.

Purchases must be between £100 and £30,000

Goods or services must be bought using a credit card - or any purchase involving pre-agreed credit, such as a point-of-sale loan or some store cards

The amount of credit provided to the consumer towards the purchase must not exceed £25,000

There is no time limit to make a claim, but the statute of limitations is six years (five in Scotland) - the deadline for pursuing a claim in the courts

Added rules around section 75

The retailer has 45 days to dispute a reversed transaction, and a further 60 days to gather evidence

There is no time limit for card providers to consider your claim, although you can take your case to the Financial Ombudsman Service (FOS) after 30 days

Claims might be rejected if there's no direct relationship between the borrower and the shop...if you pay money into a PayPal account, then buy an item and pay for it using the payment platform.

Protection when buying Goods.pdf

Chargeback (Only)

How to Use Chargeback - (The value is Less than £100)

What is the Chargeback Scheme?

Chargeback allows you to ask your Card Provider/Bank to reverse a transaction if there's a problem with something you've purchased using your credit or debit card.

Chargeback is not enshrined in law but is a voluntary agreement between credit card providers and card issuers who set the Scheme Rules, which participating Banks have subscribed to.

Chargeback is not covered by the Consumer Credit Act 1974 as it is a voluntary scheme. (see above)

Chargeback can be used in circumstances where you have paid for goods or services and the value of those goods or services is Less than £100. (and cannot be claimed from your card provider using Section 75)

The following Cards offer Chargeback Protection:

Credit Cards

Visa

Mastercard

American Express

Debit Cards

Visa Mastercard

Visa Electron

Maestro

Visa

Pre Paid Cards

Visa

Mastercard

When can chargeback be used?

Chargeback can be used in cases where:

--Goods or Services you purchased don’t arrive.

--Goods or Services you purchased arrive damaged.

--Goods or services you purchased are not as described.

--The company you purchased Goods or Services from ceases trading.

What are the Limitations on a Chargeback Claim?

--For a claim to be successful there must be a Breach of Contract.

--There may be Time Limits for a Claim to be made so always ask your Card Provider/Bank for clarification.

Are there any Time Limits on making a Chargeback Claim? YES

To make a Chargeback claim you will need to contact your Card Provider/Bank within their time limit.

Generally it is 120 days, which starts from the day that you become aware of an issue with the Goods or Services purchased.

There is also an overall cut off point of 540 days for Visa Chargeback. Therefore, your deadline for requesting a Chargeback is 120 days from discovering you have an issue, or 540 days from the transaction date, whichever comes first.

How to make a Chargeback Claim

The first thing you need to do is to try to resolve the issue with the retailer/merchant by contacting them for a refund and if the retailer/merchant refuses the refund you can then start a Chargeback Claim.

Ensure you have all your evidence then contact your Card Provider/Bank and inform them you wish to make a claim through the Chargeback Scheme.

Give full details of the specific transaction you wish the refund on via Chargeback.

Provide details of any correspondence you had with the seller/merchant to try to get your money refunded including letters, emails etc.

Some Banks may ask you to complete a claim form.

Be aware that when Contacting your Card Provider/Bank via there Customer Service Department they may not be aware of nor understand what a Chargeback Claim is. If this happens just be polite and ask to speak to a supervisor.

What if my Chargeback Claim is Rejected?

If your claim has been rejected and you feel the decision is unfair complain to the Card Provider/Bank.

If they still refuse your claim then you have six months in which to take your case to the Financial Ombudsman Service who may or may not overturn the Card Provider/Banks decision.

Be aware that if your claim is rejected as the Chargeback Scheme is not a Legal Requirement you will be unable to take your Bank or Card Provider to Court to Claim the refund back.

How to use Chargeback.pdf

http://www.legislation.gov.uk/ukpga/1974/39/section/75A

[F175AFurther provision for liability of creditor for breaches by supplier

(1)If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.

(2)The conditions in subsection (1) are—

(a)that the supplier cannot be traced,

(b)that the debtor has contacted the supplier but the supplier has not responded,

©that the supplier is insolvent, or

(d)that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.

(3)The steps referred to in subsection (2)(d) need not include litigation.

(4)For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.

(5)In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—

(a)the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or

(b)the specific goods or provision of a specific service are explicitly specified in the credit agreement.

(6)This section does not apply where—

(a)the cash value of the goods or service is £30,000 or less,

(b)the linked credit agreement is for credit which exceeds £60,260 [F2and is not a residential renovation agreement], or

©the linked credit agreement is entered into by the debtor wholly or predominantly for the purposes of a business carried on, or intended to be carried on, by him.

Section 75 Legislation.pdf