chargeback or section 75

[lionalcook]

hello all,

long story short

- just came back from a holiday from hell...

.paid for a week on a caravan holiday park with my post office credit card (mastercard),..

. the caravans roof leaked and caused a flood

- had to be put in a different caravan which the heating didnt work and the oven didnt work.

 

 

Not a nice holiday for the kids and a few other things that wasnt as advertised

like the outdoor pool was shut for the whole week we was there (no mention of this at booking)

so couldnt use that and some other facilities.

 

I've emailed the company requesting a partial refund but no reply

...hardly surprising ..

..virtually the same response to our complaints whilst at the park.

 

 

...so I contacted my credit card company and they said to do a chargeback first as it is more likely and quicker that i'll get money back....

 

Is this true or just being fobbed off by the credit card staff?

 

I just really need to know whether to do chargeback or go for the section 75?

 

 

Whats best and which one will give better results?

 

thanks all.

Edited September 8, 2014 by lionalcook

[dx100uk]

thought chargeback was only available on debit cards?

 

 

dx

[slick132]

Hi Lional,

 

In your case, you paid for a service/product and received it but were not satisfied with the quality.

 

You can make a claim under s.75 to the card provider but I doubt they'll refund quickly. They will pass your complaint onto the bank dealing with service provider and the 2 banks will consider the complaint and decide if a partial refund should be made.

 

If you are not satisfied with the outcome of this process, you still have the option of direct court action against the service provider AND your credit card provider jointly.

 

[rebel11]

Hi lional

 

Just to add you could also make a complaint to the FOS, if the card provider doesn't resolve the matter.

 

Section 75 allows claims for consequential losses.

[rebel11]

It's available on credit cards too.

 

thought chargeback was only available on debit cards?

 

 

dx

[Klandestine]

I would ask them to perform a chargeback first.

 

Chargebacks have a time limit. Whereas, a claim under Section 75 of the Consumer Credit Act doesn't (well - unless you count the statute of limitations). So if the chargeback isn't successful you still have the option of making a section 75 claim later on if needed.

Your credit card issuer doesn't end up out of pocket with a chargeback so you could argue that therefore they are more likely to get things resolved quickly compared to a Section 75 claim.

[lionalcook]

brilliant - thanks very much Klandestine....thats just the info/confirmation i was after

[lionalcook]

a quick update, had a letter back saying:

 

"having reviewed the details of the case and based on the documentation provided, under visa chargeback rules we have no rights to dispute the transaction.

unfortunately there is no dispute for quality of service under the chargeback scheme.we therefore cannot continue with this case unless you can provide written confirmation from the merchant within the last 60 days that a refund is due."

 

is this a fob-you-off letter and should i go to the FOS?.

thanks for any help.

[dx100uk]

as I said wont work

 

 

now do a section 75

 

 

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm