Section 75, credit card claim back
Discussion
Hi all,
We made a £5500 purchase for the installation of a heating system. Builder required payment 'up front' to secure the order of the products, with a final £2k for fitment 3rd week of May.
I paid the money on my credit card, and he sent me screen grab of the purchase order for the equipment he had ordered & that it was due to be delivered to a storage unit in his town (3 hours away from me). Through deep giving it now, i realised he has missed a large £1000 bit of equipment off the order, but had billed me as if he did.
Several weeks ago communications all but ceased. No phone, email or text was responded to and I had concerns. When he took his website down and facebook page I reached out to my bank to understand my options.
They have said I can go with a section 75, but that I only have one chance at it, so suggest I wait until 3rd week may to come & go to confirm builder has renegade on his promise as I didn't have ''proof'' he wouldn't do the work.
Few days ago I got an email off him confirming he had gone out of business & had appointed liquidators who would be in touch.
So my question .... do I proceed with the section 75 now & use the email as 'proof'.... or does the fact liquidators are now involved & will be in touch risk undermining anything?
I don't want the items i ''paid'' for as £1000 is missing and there is so much mixed paperwork between us designing the system it will be tricky to prove this to a layeman. I would prefer to get my money back & start the whole process again with someone else?
Any thoughts?
thanks
Now,
We made a £5500 purchase for the installation of a heating system. Builder required payment 'up front' to secure the order of the products, with a final £2k for fitment 3rd week of May.
I paid the money on my credit card, and he sent me screen grab of the purchase order for the equipment he had ordered & that it was due to be delivered to a storage unit in his town (3 hours away from me). Through deep giving it now, i realised he has missed a large £1000 bit of equipment off the order, but had billed me as if he did.
Several weeks ago communications all but ceased. No phone, email or text was responded to and I had concerns. When he took his website down and facebook page I reached out to my bank to understand my options.
They have said I can go with a section 75, but that I only have one chance at it, so suggest I wait until 3rd week may to come & go to confirm builder has renegade on his promise as I didn't have ''proof'' he wouldn't do the work.
Few days ago I got an email off him confirming he had gone out of business & had appointed liquidators who would be in touch.
So my question .... do I proceed with the section 75 now & use the email as 'proof'.... or does the fact liquidators are now involved & will be in touch risk undermining anything?
I don't want the items i ''paid'' for as £1000 is missing and there is so much mixed paperwork between us designing the system it will be tricky to prove this to a layeman. I would prefer to get my money back & start the whole process again with someone else?
Any thoughts?
thanks Now,
Have used Section 75 twice now and it's a very simple process. As long as you have sufficient proof of poor service or non-delivery of goods or service then the bank will just refund you then go chasing the 3rd party to recover what they can. I've used it for a dodgy car repair (new alternator when on holiday in France, part failed 2 weeks later. An engineer's report of it's failure resulted in a complete refund within 2 weeks) and for a failed trip experience that never happened when the company went bust (mountain biking trip in Morocco, had the refund within 48 hours!).
Give the credit card company a call with this new info and they'll talk you through it all, they have a legal obligation to assist you in the claim so it's easy to do.
Give the credit card company a call with this new info and they'll talk you through it all, they have a legal obligation to assist you in the claim so it's easy to do.
ks .I paid for a special order Velux window via a credit card and the supplier I bought it through went into liquidation before the window was shipped from Velux. It was Velux that notified me - I just supplied a copy of their email with my claim and was refunded within a very short number of days.
s75 covers for breach of contract - given he is no longer going to supply or install the boiler that is a breach of contract,
https://www.legislation.gov.uk/ukpga/1974/39/secti...
https://www.legislation.gov.uk/ukpga/1974/39/secti...
Thanks very much all. The wild card for me is the liquidators who apparently will be contacting me soon.
Combined with the PO that showed "my" items (or most of them anyway) are sat in a storage unit.
Would that change the output of a s75?
Without this bit, I'd be more then happy to crack on with the s75....i just don't want to show them the email confirming this business will not honour the contract, only for my bank/visa to then kick off at wanting to engage with liquidators and negotiate it something?
Combined with the PO that showed "my" items (or most of them anyway) are sat in a storage unit.
Would that change the output of a s75?
Without this bit, I'd be more then happy to crack on with the s75....i just don't want to show them the email confirming this business will not honour the contract, only for my bank/visa to then kick off at wanting to engage with liquidators and negotiate it something?
You’re probably an unsecured creditor and last in line to receive anything. While you have paid a deposit you don’t own anything in the storage unit; it belongs to the liquidator. They will sell assets to pay off secured creditors; it’s highly unlikely you (or your bank) will ever see any money from the liquidation. Put the claim in.
Sounds more like a sole trader if you are just dealing with him and FB page etc. You don't appoint a liquidator to a sole trader - possibly a banruptcy or IVA if you believe him. Could be a liquidation if he uses a corporate shell. Can you tell from any of the communication or purchase order what business structure he was using?
Andeh1 said:
Thanks very much all. The wild card for me is the liquidators who apparently will be contacting me soon.
Combined with the PO that showed "my" items (or most of them anyway) are sat in a storage unit.
Would that change the output of a s75?
Without this bit, I'd be more then happy to crack on with the s75....i just don't want to show them the email confirming this business will not honour the contract, only for my bank/visa to then kick off at wanting to engage with liquidators and negotiate it something?
Ok, what are you hoping to hear from the liquidators? Matey boy is obviously not going to be fitting the system so the best the liquidators could do for you is supply the items in the storage unit.Combined with the PO that showed "my" items (or most of them anyway) are sat in a storage unit.
Would that change the output of a s75?
Without this bit, I'd be more then happy to crack on with the s75....i just don't want to show them the email confirming this business will not honour the contract, only for my bank/visa to then kick off at wanting to engage with liquidators and negotiate it something?
The credit card company is liable for the full amount you have paid and that is what you should be expecting from them. What they negotiate with the liquidators to get repayment for refunding you is their concern.
mcpoot said:
The credit card company is liable for the full amount you have paid and that is what you should be expecting from them. What they negotiate with the liquidators to get repayment for refunding you is their concern.
Precisely. The last thing you want is bits missing or damaged and a possible warranty issue down the road. Don’t try to be nice and help out the seller - put the claim in and get 100% of what you’ve paid back lest you find out that no good deed goes unpunished.We had a similar issue but it was a skip hire firm not a builder.
We were having some building work done and needed a few skips over the course of the work. Used a long established local firm who dropped off the 1st skip no issues.
When that was full rang them and ordered another, paid upfront on my CC and was told Monday collection/drop off, Monday rolls along and no sign of the skip guy, rang, no answer. Checked the website, no longer working. Went round to the HQ, all shut up and the unit next door says they have gone into administration. Marvelous.
Long story short is we claimed on S75 who wanted prove we paid (credit card statement as the firm didn't email me a invoice) and that we were not getting any money back from the administrators (copy of the report form them).
We had to register with the appointed administrators but that took a phone call and a few emails.
It took about 4/5 months all in all as we had to wait on the administrators being appointed, them doing their investigation, then sending us the report and we passing that on to the bank. It was "only £530" but it cost us nothing but a couple of hours filling in forms.
We were having some building work done and needed a few skips over the course of the work. Used a long established local firm who dropped off the 1st skip no issues.
When that was full rang them and ordered another, paid upfront on my CC and was told Monday collection/drop off, Monday rolls along and no sign of the skip guy, rang, no answer. Checked the website, no longer working. Went round to the HQ, all shut up and the unit next door says they have gone into administration. Marvelous.
Long story short is we claimed on S75 who wanted prove we paid (credit card statement as the firm didn't email me a invoice) and that we were not getting any money back from the administrators (copy of the report form them).
We had to register with the appointed administrators but that took a phone call and a few emails.
It took about 4/5 months all in all as we had to wait on the administrators being appointed, them doing their investigation, then sending us the report and we passing that on to the bank. It was "only £530" but it cost us nothing but a couple of hours filling in forms.
BertBert said:
Does S75 have any kind of carve out for a business gone into liquidation? Or is the protection it gives still the same?
Far from there being being an exception, one of the main reasons why s75 exists in the first place is to give customers an alternative route to getting their money back when a company goes into liquidation.Aretnap said:
Far from there being being an exception, one of the main reasons why s75 exists in the first place is to give customers an alternative route to getting their money back when a company goes into liquidation.
That's good. I thought it might be mainly protection against more willful behavior rather than going out of business which is not normally a chosen course of action.stubert_ said:
We had a similar issue but it was a skip hire firm not a builder.
We were having some building work done and needed a few skips over the course of the work. Used a long established local firm who dropped off the 1st skip no issues.
When that was full rang them and ordered another, paid upfront on my CC and was told Monday collection/drop off, Monday rolls along and no sign of the skip guy, rang, no answer. Checked the website, no longer working. Went round to the HQ, all shut up and the unit next door says they have gone into administration. Marvelous.
Long story short is we claimed on S75 who wanted prove we paid (credit card statement as the firm didn't email me a invoice) and that we were not getting any money back from the administrators (copy of the report form them).
We had to register with the appointed administrators but that took a phone call and a few emails.
It took about 4/5 months all in all as we had to wait on the administrators being appointed, them doing their investigation, then sending us the report and we passing that on to the bank. It was "only £530" but it cost us nothing but a couple of hours filling in forms.
Out of interest can I ask what happened to the full skip in the end?We were having some building work done and needed a few skips over the course of the work. Used a long established local firm who dropped off the 1st skip no issues.
When that was full rang them and ordered another, paid upfront on my CC and was told Monday collection/drop off, Monday rolls along and no sign of the skip guy, rang, no answer. Checked the website, no longer working. Went round to the HQ, all shut up and the unit next door says they have gone into administration. Marvelous.
Long story short is we claimed on S75 who wanted prove we paid (credit card statement as the firm didn't email me a invoice) and that we were not getting any money back from the administrators (copy of the report form them).
We had to register with the appointed administrators but that took a phone call and a few emails.
It took about 4/5 months all in all as we had to wait on the administrators being appointed, them doing their investigation, then sending us the report and we passing that on to the bank. It was "only £530" but it cost us nothing but a couple of hours filling in forms.
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