Making a claim via a credit card
Discussion
There will be a procedure - look for 'Disputes'. I got the following - I get the sense it's a bit like Small Claims:
my CC company said:
Thank you for contacting us about the transaction to xxxx.
Due to the nature of your dispute with the Supplier your case will be assessed under Section 75 of the Consumer Credit Act 1974 (the “Act”).
Section 75 of the Act can offer protection to consumers who use a credit card to purchase goods and/or services in part or full. There are a number of conditions that must be satisfied in order for the claim to be considered, and these include but are not limited to:
· There must be a debtor (you), creditor (Capital One) and supplier xxxx agreement (i.e. a direct 3 way agreement between the parties).
· The value of the goods or services purchased must be at least £100 but not exceed £30,000
· There must be a proven claim against the supplier of a misrepresentation or breach of contract.
· The transaction date or cause to action must be within the time limits set out in the Limitation Act 1980.
If the above criteria have not been met you may not be entitled to a refund under Section 75 of the Act.
To establish whether we can assist you, please complete the attached Section 75 Disputes Form (“the Form”); and return a signed and dated copy to us with copies of all supporting documents, within 21 days of the date of this letter. An example of the relevant documentation can be found detailed in the Form attached. If you have already provided some of the requested information please highlight this on the form. Any delay in receipt of the Form and supporting evidence may result in your claim being delayed or rejected pending further information.
Upon receipt of your Form and supporting documentation, the claim will be dealt with by a specialist Section 75 case worker who will aim to contact you within the next 60 days to provide you with an update and to seek additional information where necessary. We may also approach the Supplier for further information and any other relevant parties who can assist in the assessment of the claim. Depending on the complexity of the claim, we will aim to make a decision on the claim within 8 weeks of first contact.'
Due to the nature of your dispute with the Supplier your case will be assessed under Section 75 of the Consumer Credit Act 1974 (the “Act”).
Section 75 of the Act can offer protection to consumers who use a credit card to purchase goods and/or services in part or full. There are a number of conditions that must be satisfied in order for the claim to be considered, and these include but are not limited to:
· There must be a debtor (you), creditor (Capital One) and supplier xxxx agreement (i.e. a direct 3 way agreement between the parties).
· The value of the goods or services purchased must be at least £100 but not exceed £30,000
· There must be a proven claim against the supplier of a misrepresentation or breach of contract.
· The transaction date or cause to action must be within the time limits set out in the Limitation Act 1980.
If the above criteria have not been met you may not be entitled to a refund under Section 75 of the Act.
To establish whether we can assist you, please complete the attached Section 75 Disputes Form (“the Form”); and return a signed and dated copy to us with copies of all supporting documents, within 21 days of the date of this letter. An example of the relevant documentation can be found detailed in the Form attached. If you have already provided some of the requested information please highlight this on the form. Any delay in receipt of the Form and supporting evidence may result in your claim being delayed or rejected pending further information.
Upon receipt of your Form and supporting documentation, the claim will be dealt with by a specialist Section 75 case worker who will aim to contact you within the next 60 days to provide you with an update and to seek additional information where necessary. We may also approach the Supplier for further information and any other relevant parties who can assist in the assessment of the claim. Depending on the complexity of the claim, we will aim to make a decision on the claim within 8 weeks of first contact.'
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