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Section 75 issues

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  • Section 75 issues

    I wont go into this long winded, at this time.
    I succsessful claimed back £700 through section 75 for goods not delivered that was paid for on my Aqua credit card. After settling a complaint regarding the process l recieved £20 in good faith. This brought my account down to £54. I have paid every month regardless of balance and my interest has only ever been £20-30 a month. Three days after the funds, £700, were refunded l find that there is an amount of £269 debited on my account as interest. Raising my account back up again, and now the monthly requested payment has gone up to £273, to be paid by the 29th November. I have been in contact with them and they are currently looking into this. My questions are how can they apply this interest, and how can they say they want £273 when l already have a set amount of £100 to be paid by direct debit, and pay extra.
    AFter numerous phone calls they still say that this interest is for the amount that l recovered using section 75. As far as l can see this interest is consequential loss which comes under S75. I am awaiting a call back.
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  • #2
    I don't quite understand what's going on but it sounds like an error. If they have refunded you the £700 then do they also have to refund you any interest they charged you on that amount? If so, Perhaps the £269 was supposed to be credited not debited. Even so, it sounds like an awful lot of interest on £700.


    • #3
      Accorrding to the FOM they have already been ruling in favour of this
      "Mrs D bought a suite of dining table and six chairs, after choosing from samples in the furniture showroom. She paid using her credit card. When the suite was delivered, she found that four of the chairs were a different shade of wood finish from the table and the other two chairs. She pointed this out to the delivery men, who said she would have to take it up with the supplier.

      Mrs D raised a complaint with the supplier, who said that she had received what she had paid for. The supplier pointed out that the contract specified a "set of table and six chairs in pine" and that is what had been delivered. Mrs D then raised a complaint with her credit card provider, which agreed with the supplier that there was no breach of contract. She brought her complaint to us, providing her copy of the sales contract and photographs of the dining room suite taken in both natural and artificial light.

      We agreed that there was a very noticeable difference in the shade of the wood finish used in the furniture. Given that the furniture was sold as a "set", and that the sample set on which Mrs D had based her decision to buy had been matching, we were satisfied that Mrs D had a good claim under section 75.

      We decided that the credit card business should refund the cost of the furniture, including the interest that had been charged on the credit card balance. We also directed the credit card company to arrange for collection of the dining room suite from Mrs D's home."

      Agan, lm waiting on the CC company getting back to me as it has been raised to their complaints division. At no point during any contact could they tell me why the interest was applied and also why it was that amount. Needless to say l will be closing that card down, after 12 years of having it.


      • #4
        So you were due a refund of interest, but somebody mis-keyed the figure and they charged you that amount, instead of refunding you? If it's as simple as that, they should surely be able to correct that really easily? Hope that gets done soon! Plus a small payment for the annoyance?


        • #5
          I was and had a refund on a transaction for goods that wasnt delivered. Transaction initally 1st March, dispute raised and won in September, then they charge £270 interest on that. See what the complaints department say when they phone.


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