CCR / Blue Domino - s75 CCA claim failed

[Smanfer]

Hello,

I have had a look through some of the CCR posts, to see if I can find the answer, but have been unsuccessful - a bit like my section 75 claim through A&L Visa claiming my £495 back taken by Blue Domino for Client Cartel Review.

A&L are saying the required relationship doesn't exist (ie because Blue Domino are a third party).

Please please can someone point me in the right direction of how I can reply to A&L to fight this? I don't even know where to start. I know they are connected, but I can't put into words to prove it to the Bank (I'm sure they actually know too).

Some claims have been paid out by A&L, even given the same circumstances as mine, which is even more galling.

Thanks in advance for your help.

[Amethyst]

Re: CCR / Blue Domino - s75 CCA claim failed

The director of Blue Domino is an ex master agent of Cartels wife - lol. Don't think that will help much though.

on the bottom of the credit card authorisation form there is a sentence relating to Blue Domino taking the payment however this possibly goes against rather than for you as it just shows you were aware the payment was through a third party.

Are Blue Domino still in business?I havent looked for a while.

We have seen some claims paid out by the card companies in similar circumstances and then reclaimed back because of this third party rule.

This thread Why was the Cartel thread deleted? is probably the best place for information regarding Cartel and associated conpanies. scams - View Single Post - Why was the Cartel thread deleted?

If they continue to reject your claim then take your complaint to the Financial Ombudsman. http://www.financial-ombudsman.org.u...itcards-31.htm

There can be problems if the card is accepted by a different business from the one that provided the goods and services. We see this situation most frequently in connection with timeshare and holiday club membership, where it is not unusual for the timeshare or holiday club company to use the credit card facilities of another business. The business accepting the payment may simply be acting as agent for the supplier, in which case section 75 will not apply. In order for section 75 to apply, the business that accepts the payment and the supplier have to be ‘associates’, as defined in the Consumer Credit Act.

[Smanfer]

Re: CCR / Blue Domino - s75 CCA claim failed

Thank you for your reply Amethyst. I have found my Credit Card Payment Authorisation. Nowhere on there does it say that payment will be taken by Blue Domino. This is a only a copy from the file CCR had and has been returned to me by Gordons solicitors. I haven't yet sent this to A&L. Is it worth sending to them pointing out that I didn't actually know the payment would be taken by Blue Domino, or will the Bank want the original?

[Amethyst]

Re: CCR / Blue Domino - s75 CCA claim failed

possibly, I suspect the argument may be why you didnt question a payment to Blue Domino at the time it appeared on your statement.

The associated company thing is a tricky one , I think the third party issue was meant to cover things like travel agents etc where one company takes payment and then the service is provided by another, rather than enabling companies to simply put payment through a third party to avoid the credit card companies suing them/claiming against them at a later date. Its something that needs to be tested in court.

Have a look on the FOS site or give them a buzz and ask about previous adjudications in similar situations, they may be able to give you an idea where you might stand (or they might just say fill in a form).

Otherwise it may be a case of suing A&L and getting it tested in court - but of course thats hassle and risk.... which I expect you have had enough of.