BARCLAYCARD SECTION 75 refused

[shabz25]

Hi,

 

I have asked barclaycard to recover money i paid to a company which stated that i had a "no quibbles 60 day money back guarantee". I was unhappy with the installed item and asked the merchant for a refund, the company stated that their "no quibbles" money back guarantee doesn't work like that. To cut a long story short barclaycard attempted a chargeback which was declined by the merchant bank. The merhcant produced a set of terms and conditions which were not there terms on their website at the time of my order. I managed to retrieve the previous terms with the help of an archive website.

I received a call from barclaycard today stating that as the invoice is not in my name then they cannot carry out a chargeback under section 75. they said that there is no way of verifying that benefited from the goods, even though i like at the address in question and the unit was installed there. What are my options as time is running out.

 

The invoice was supposed to have my details on but when my brother in law gave my card details he did not think that my details would not appear on the invoice.

[Klandestine]

Have you explained to Barclaycard that you live at the address where the unit was installed? What was there response? Perhaps you can provide them with current evidence that shows you live at that address and therefore do benefit from the purchase?

 

If you can't convince Barclaycard then you can ask the Financial Ombudsman Service (FOS) to look at your case.

 

Also why was your brother in law using your card details? That's a breach of your terms and conditions with Barclaycard and if the knew they could also refuse a Section 75 claim on those grounds.

[shabz25]

Have you explained to Barclaycard that you live at the address where the unit was installed? What was there response? Perhaps you can provide them with current evidence that shows you live at that address and therefore do benefit from the purchase?

 

If you can't convince Barclaycard then you can ask the Financial Ombudsman Service (FOS) to look at your case.

 

Also why was your brother in law using your card details? That's a breach of your terms and conditions with Barclaycard and if the knew they could also refuse a Section 75 claim on those grounds.

Hi thanks for the reply. I he pave told them I live at the same address . My account with them is at the same address but they want the invoice to be on my name. My brother in law paid for the items as I was at work and the day after the installation the company was going to call and take payment which they did and my brother in law was at home so was my wife who had the card. Is there any grounds to barclaycards refusal. The units were ventilation units so if they are installed in the property I live in then I assume I would be receiving the benefit. I have never before thought anything of either using my online account for a store for instance and get my wife to pay on her card or the other way around. What about visa chargeback. After all the company promises the no quibble money back guarantee

[slick132]

Hi Shabz,

 

The cover provided by s.75 does not mean an easy refund as soon as you raise a complaint with your CCard provider. In fact, it often turns out to be way harder than most folk expect.

 

Your own and the merchant's bank communicate and they are effectively judge and jury in the matter. But it seems they are often happy to let matters rest with no refund.

 

You will have to go back to your CCard and complain about their decision. You will also have to convince them that the transaction on your account relates to the invoice you've referred them to. You can certainly tell them, either now or later, that you will refer this to the FOS as you do not feel they are treating you fairly.

 

You also have the option to take legal action jointly against the merchant AND the CCard Co.

 

It may help us help you if you give a little more detail about the transaction and the reason you were unhappy with the goods or services.

 

[absy909]

I opened my Section 75 claim 1st August. Its taken until Mid Novemeber to receive a final response from Barclaycard!

 

And unfortunately, they are not willing to protect my purchase! of mis-sold 'DCL 1500' software I purchased over the phone

 

Clearly a well documented [problem] with info on the internet Google: Tony Hetherington D Corp, FSA Warning DCL Dcorp, Quanda DCL money forum. They've conned lots of people into purchasing this software, when it arrives its cheap and doesnt perform the calculations its advertised to yet because you've 'received' it and its sold over the phone with a lack of paperwork Barclaycard and Tesco Card claim not enough evidence. LLoyds and MBNA Mastercard holders have received refunds!

 

So I've gone to the financial ombudsman and failing that the small claims court.

edits.

Edited November 15, 2014 by slick132

[slick132]

Hi Absy and welcome to CAG

 

Please avoid making derogatory or defamatory remarks on our forum. We can't afford to carry them !

 

Thanks for the useful info about your own claim. Folk need to be aware that s.75 refunds are not made just because you want one. In many cases, you have to fight hard to get the refund you believe you deserve and this involves persuading your own card provider to support you. I think they often give up too easily and refuse the refund.

 

[absy909]

Thanks

 

Yes I believe I have a legal entitlement as the software is clearly mis-sold as industry award winning software. A journalist has proved all the awards are fake and the company didn't exist less than a year ago never mind clients 'making a living off it after a couple years.' Barclaycard actually told me on the phone they don't need to substantiate these claims which I find amazing. There is a warning about the merchant on the Fsa website as well. It's clearly a sophisticated [problem] but as it's hard to prove they are playing hardball.

They are making it as difficult as possible but I can't afford to give up.

[slick132]

Hi Absy,

 

Make sure you tell the FOS that other card providers HAVE refunded in cases you're aware of. Gather as much info to back up the view that this is a recognised Rip-Off.

 

The FOS have a tendency to take the bank's side initially so you may need to appeal the Adjudicator's decision and seek a review by an Ombudsman.