Can I claim under the Consumer Credit Act Section 75?

Credit CardAlthough we provide information about refund claims on a daily basis, we thought it might be useful for all our readers to have all the facts in one article.

First of all, we need to point out that the Consumer Credit Act Section 75 is only valid for Consumers in the United Kingdom who paid with a British Credit Card.

Section 75 is a legal protection put in place to protect the consumer and can be claimed for payments made between £100 and £30.000

How does the Consumer Credit Act work?

You have six years to seek a refund from your Credit Card Company, counting from date in which the financial transaction took place.

However, payments by Debit Card and Bank Transfer transactions are NOT covered by the Section 75 of the Consumer Credit Act 1974. Just in cases in which the initial payment was made by credit card, and the final one by bank transfer, then the bank transfer is also covered by this Credit Act.

The bottom line is that to be able to get a refund from your Credit Card Company, you have to prove that you were misrepresented, and/or that there was a breach of contract, committed by any of the companies which took money from your bank account, according to the Section 75 of the Consumer Credit Act 1974.

Evidences of misrepresentation do NOT need to be backed up by written commitments made by the company who offered you their services or goods, as it is valid even oral claims made by this company on the date of a meeting or telephone conversation.

Mindtimeshare offers clear guidelines and advice on how to make the claim and also what reason to give to the bank based on misrepresentation and / or breach of contract.

What happens if the card was charged by a third party?

You’re unlikely to be covered when payments are made to a company that isn’t the one providing you with the goods or service. In these cases the credit card company usually says it didn’t have a direct relationship with the supplier, so isn’t equally liable.

If you stand your ground it’s possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it’s unlikely to be an easy task.

Daily Mirror: “A possible pitfall is the need to prove a “debtor-creditor-supplier” relationship – ie the person you pay needs to also be the one that provides (or is supposed to provide) the goods or service.” http://blogs.mirror.co.uk/investigations/2011/02/can-i-claim-back-money-from-il.html

It is important you can proof the connection between the two companies, and in a lot of cases Mindtimeshare will be able to help you with this.

As mentioned, payments by Debit Card and Bank Transfer transactions are NOT covered by the Section 75 of the Consumer Credit Act. But we have to highlight though that payments with Debit Card can be refunded and in most cases you have 120 days to request this at your bank, counting from the day the financial transaction was made.

We would like to point out as well that although the above protection law is in place, obviously the banks are not “jumping up and down” to make a refund. So always be careful with companies that are keen to tell you that you will be able to claim a refund “if something goes wrong” when in reality they are acting against the law by requesting you an upfront payment for example with a timeshare resale!

There are several very useful links and one of the most complete is the following:

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

If you have any questions or doubts about your possibilities to claim under the Consumer Credit Act Section 75, please let us know. You can email us at customercare@mindtimeshare.com

About mindtimeshare

Mindtimeshare SLU is registered Company reg number: B35957182 Mindtimeshare provides assistance to timeshare owners who have been defrauded by holiday clubs and bogus resale companies. The Mindtimeshare project was launched in February 2011. After dealing with timeshare members over several years who had been defrauded by numerous bogus companies and for large amounts of money, I considered launching an Organisation to help timeshare owners that have been targeted by bogus companies. On this blog you can find information about the different active scam companies and their “modus operandi” and also place comments, ask questions and see comments from other consumers who have the same doubts or have been through the same experience. Mindtimeshare has resulted in a huge success and has received the back up from not only timeshare consumers but also from the professionals in the timeshare Industry. Mindtimeshare helps timeshare owners who have been scammed by bogus Discount Holiday Clubs; bogus cash back companies; fraudulent timeshare resale companies; bogus class action companies and false lawyers and notaries. We offer professional answers and advice to Timeshare users. If you want to send an email instead of posting a comment on the blog please do so by emailing: customercare@mindtimeshare.com
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10 Responses to Can I claim under the Consumer Credit Act Section 75?

  1. Mick says:

    Just to say that we today received a full refund under section 75 of just under £7000 via my credit card company and with the great advice from Mindtimeshare. Also many thanks to Andy in customer services at the co-op bank who went the extra mile and was a great help as this took just over a year to sort out. I wasn’t too confident to start with but it just goes to show that you must not give in to these scum that prey on people and please Tenerife, get your act together and rid the resorts of these low life if you want people to visit your country.

  2. Donald says:

    Hi,

    Please accept advice from Alberto ref reclaiming from Card companies. I have successfully reclaimed several cons over the past few years that I have been foolishly sucked intoover the past few years.
    Keep up the good work – Donald

  3. Reblogged this on Mindtimeshare and commented:

    An article we posted last year about claiming under the Consumer Act with information for all those consumers who are thinking about doing such claim. Have a look at the basic requirements, and if you have any query or doubt please let us know.

  4. Mary says:

    Have any one had luck getting money back from Barclaycard under section75

  5. Tracy says:

    Following the fantastic advice from Alberto Garcia and a lot of hard work on my part searching all the sites that Mr Garcia advised me to look through and gathering information that could help my claim, after 7 months I have finally received back the full amount (£6954) of my claim under section 75 of the consumer credit act for misrepresentation by Via Gullivers in Tenerife. Without Mr Garcia’s help I know that I would not have been as successful in my claim. To Alberto Garcia, I cannot thank you enough for all your help and best wishes for your continued excellent work in the future.

  6. Dianne says:

    I was sca**** by ITRA who charged me to sell/ cancel my timeshare. I payed with my barclaycard and a couple of weeks later I realised the sale had not happened. I phoned and wrote letters to ITRA for almost a year without any joy and then Alberto Garcia advised me to claim from Barclaycard under section 75 of the Consumer Credit Act. I wrote several letters to Barclaycard explaining what had happened and on each occasion they dismissed me by telling me they could not help as I had not cancelled my ‘contract’ within the cooling off period. Then, one day, they refunded the money, in full, to my card. Sadly, about two weeks later they then took it back just as quickly advising that, as far as they were concerned, the matter was closed. Alberto Garcia advised me to contact the Financial Ombudsman and within a couple of weeks Barclaycard gave me a full refund plus £50 for my trouble! All in all it took about 6 months from start to finish of my claim but it was well worth the effort.

  7. Chris says:

    CJ
    16th June 2013
    Thanks to Alberto’s advise and my persistence I have successfully received full repayment from my credit card company. My advice is to make sure you have all the paperwork concerning your claim, write a chronological report of events, keep copies of all. Most importantly DON’T give up. It took me five letters and about a year to get a result.

  8. Ken says:

    Following advise give me by Alberto Garcia I submitted a claim to my bank for recovery of money I had ” lost” in my dealings with a company trading in Spain under the name of Timelynx. Alberto’s advice proved to be accurate and as a result I was able to recover a substantial portion of my outlay. Many thanks Alberto for your help and valuable advice and best wishes for future successes.

  9. Margaret says:

    I sent you all my paperwork and information last year with regard to losing money and wether i was in a position to recoup and have heard nothing from you Do you still have the paperwork? Am I able to claim? Kind regards Margaret

  10. mick says:

    Hi Glad you have highlighted this for others; you may recall my telling you that I did exactly this with Barclaycard last year and got full refund of �2330. BUT, you do need to make sure any contract is in same name as that on Credit Card slip, to make life easy – as your posting makes clear. Mick

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