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skot4th

Section 75 Consumer Credit Act - Paid on credit card but lost original invoice

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Long story short.

 

Around April last year I bought a guest bed for the spare room.

 

The bed has only been used about 10 times as it's a guest bed, however the frame has broken and is fairly unusable as a bed.

 

I've contacted Halifax to raise a S75 claim, however they are saying as I do not have the receipt to prove I purchased the bed, I am unable to make the claim, even though I have provided them with a statement showing the purchase.

 

The bed cost £199.

 

The store I bought the bed from went out of business late last year, so I have been unable to contact them.

 

Do I need the original receipt to make a claim?

 

Thank you for your documentation.

 

I am sorry to learn of the difficulties that you have experienced with this merchant.

 

Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven.

 

As you are unable to provide sufficient information to prove there has been a breach of contract or misrepresentation, I am unable to agree to your claim because there is no invoice or paperwork to support the purchase.

 

I trust this clarifies our position and regret that I am unable to be of any further assistance at this time.

Edited by skot4th
Halifax's response below

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You should write to your credit card provider, including the following information:

 

What you bought, where, when and how you bought it, and how much you paid. Include copies of receipts

Details of how the goods and services you received constituted a breach of contract as they were either faulty, not as described, or were not received at all

Details of attempts you've made to contact the company and the responses you've had

An explanation of what you want from the credit card company - namely to refund the money you paid for the goods you've received.

 

If you are rejected for a Section 75 refund and are adamant you think this was an unfair decision by your credit provider, then you can make a complaint to the Financial Ombudsman Service.


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I've already written to them.

 

The majority of my claim has been made via email, besides the two phone calls they made to me today to discuss the complaint I made after they've handled my claim poorly to start with (i.e. sending generic emails to me several times, along with letters saying my case was closed because I didn't respond to their previous letters - which they never sent!)

 

The below emails are what I've sent and recieved from them.

 

Dear sir / madam

 

I called your contact centre earlier today, however was asked to email as

the agent said my records didn't go far enough back on their system to

discuss my claim.

 

Around April / May 2017 I purcehd a bed from Reddish Beds for £199, which

was to be used as a spare bed in the guest room.

 

The bed had been used less than 10 times, before breaking. It no longer

fully supports the matress, meaning the mattress falls inside the bedframe,

effectivly making the bed unusable.

 

I phoned Reddish Beds numerous times to resolve the issue throughout

October and November 2016 , however each time was told I would be called

back by the manager. I even resorted to going in store twice around late

October / early November, however the correct person was still not around

to talk to.

 

Since then the business has closed down and the only contact details on the

website are for the manufactures who made their products, however as I

can't find the original recipt and theres no identifying marks on the bed

I'm unsure who manufactured the bed.

 

Therefore I am making a claim under section 75 of the Consumer Credit Act

regarding this purchase. I request a refund to the ammount of the original

purchase so that I can replace the bed with one that is fit for purpose.

 

I have included the last 4 digits of the account number which I use to pay

my credit card direct debit for you to identify me by as I have recently

reported my card lost, and therefor can not access my online banking to

check my account number.

 

Kind regards

 

Halifax responded with the below email, which they sent me several times.

 

Transaction Details: REDDISH BEDS

Transaction Amounts: £199.00

 

Thank you for your recent e-mail, however we need some additional information to continue with our investigation.

 

Please provide:

· Copy of your statement to show the transaction

· Copy of the invoice with the terms and conditions.

· Date goods were received.

· Proof of return including the tracking reference which confirms the merchant has received the goods OR if unable to return the goods, written confirmation to the merchant that the goods are available for uplift.

· A full breakdown of how you've contacted the merchant and the outcome – if you haven't contacted the merchant, please advise why not.

· Copies of any correspondence received from the merchant.

· .

· Copy of the Liquidator's/Administrators letter (if the company is no longer trading).

 

Please send the above information to us by fax, post or email.

 

We will review your dispute once this information has been received.

 

Please contact us on the number below, should you need any assistance.

 

PLEASE NOTE: When replying, please include your initials, full surname, your post code and the last 4 digits of your card number. To help protect your identity and stay safe online, please do not send any further information regarding your identity by e-mail. Alternatively you can send in your query by post to Lloyds Banking group Plc, Pitreavie Credit Card Operations, BX1 1LT.

 

Yours sincerely

 

They sent me the above email, I replied with the below email. They then replied with the above email again, at which point I resent the below email, adding the section making the complaint.

 

Hi

 

Thank you for the generic response to my initial email.

 

I have already answered most of your questions in my previous email, however will provide more detail if I can below.

 

1) You are my card provider. I have downloaded my statement from your website. I have attached the relevent statement to this email, however do not understand why you require me to do this? You clearly have access to the statement as I have downloaded it from your website.

2) As mentioned in my previous email, I am unable to find the original invoice and therefore can not provide you with this.

3) As I do not have the invoice I can not confirm the exact date the bed was recieved, however i believe it was Saturday 9th April 2016 - I collected the bed in person so there is no courier to consult.

4) As the store has closed down I am unable to return it. I am also unwilling to spend money on having a courier collect the bed, attempt to deliver it and then return it to me undelivered as the store has closed. This would be a waste of my time and money.

5) See my previous email

6) See my previous email

7.1) I am unsure how to obtain this. Their merchants website states that they have closed.

7.2) There is no provision under section 75 of the Consumer Credit Act 1974 for you to request a copy of the Administratores letter or for me to provide it - You are jointly responsible for the item if the company is trading or not.

 

As you have clearly ignore my previous email and are trying to make my claim unnecessarily convoluted, I would also like to make an official complaint about the way my claim is being handled and the service I have recieved From Halifax / Lloyds Banking Group.

If you are unable to satisfactorily resolve my complaint I will escallate my complaint to the Financial Ombudsman.

 

Regards

 

They have now responded with the below email (again after several generic emails about my claim being dealt with)

 

Thank you for your documentation.

 

I am sorry to learn of the difficulties that you have experienced with this merchant.

 

Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven.

 

As you are unable to provide sufficient information to prove there has been a breach of contract or misrepresentation, I am unable to agree to your claim because there is no invoice or paperwork to support the purchase.

 

I trust this clarifies our position and regret that I am unable to be of any further assistance at this time.

 

 

Yours sincerely

 

Halifax have offered £50 compensation over the phone for the way my complaint has been handled, which they've already paid to my account. They stated that this did not prevent me from taking my claim further or from contacting the ombudsman.

 

What would my next step be?

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" If you are rejected for a Section 75 refund and are adamant you think this was an unfair decision by your credit provider, then you can make a complaint to the Financial Ombudsman Service."

 

As per my last post.

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your thread please PM me a link to your thread

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they know they dont have a hope in hell of recovering anything from the bankrupt retailer so will say anything to avoid paying up.

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