I purchased a cruise for a relative from The Holiday Specialists,and it turned out to be a scam I have tried to get my money back
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from my Tesco credit card under section 75, and they say that because
I paid for somebody else and it was not for me personally I am not
covered under section 75!!!
Additional Information
Thanks to all replies so far, I have already been through the
Ombudsman and at this moment in time the St Helens Trading
Standards office are trying to help! They were shocked when
I told them of the Ombudsman ruling, this has very serious
implications they have never ever had a case like this ever.
It's now gone to the Trading Standards head office.
Answers (2)
Hi lunty1, and welcome to the forum.
I've had a look and not been able to find any specific info on this particular circumstance, but if that is correct (and it may well be!) then that's very worrying! Would it mean, for instance, that Christmas presents wouldn't be covered if we bought them on our credit card?
I would suggest you get specific advice on this, you could try Consumer Direct...
http://www.direct.gov.uk/en/Diol1/DoItOnline/DG_195913
Or contact the Citizens Advice Bureau.
I think we'd all be interested in any responses you get on this!
Hi lunty1 and welcome.
I ran this question past my CAB deputy manager friend today and opinion is ( and this is only opinion at this point ) that cover under section 75 is akin to an insurable event and as such, two requirements have to be met for cover to exist :
(1) The contract for the purchase has to be between the service provider and the main card holder, and
(2) as such, the main card holder has to derive primary benefit from the purchase.
I understand that there is no specific 'technical' legislation that regulates a matter such as yours although previous complaints referred to the Financial Ombudsman Service of a similar nature have not been upheld because the proven 'link' between the contract holder ( i.e. you the main card holder ) and the end user ( i.e. your relative ) has been broken.
I suggest for a more definitive ruling, you refer your complaint to the Financial Ombudsman Service, link below.
Out of interest, was the purchase a gift or was you card just used to facilitate the purchase?
Hi Snoops, regarding your CAB friend's two points...that was the only piece of info I could find on this problem from the Financial Ombudsman's site, only the example cited involved a second cardholder buying something on behalf of the main cardholder (his wife), so it was a bit confusing compared to lunty's problem.
I wonder how many people are aware of this, I certainly wasn't. I think it's very worrying as we all buy things for family and friends sometimes, and assume that as the purchaser we are covered.
I totally agree Fruitcake and to be frank even the advice that I received was more 'off the cuff' than anything else as this case is so much open to argument and interpretation, especially, as in this case, there appears to be criminal activity.
It's actually quite worrying as once I bought a cheap car for my son on my credit card ( from an established motor trader ) and had there been a problem it seems this section 75 thing would not have applied as the purchase was in his name. But it's only the kind of thing that would be a worry 'after the event'. I guess the maxim is to think twice about funding anyone else's purchases from your own card, for whatever reason.
Indeed, you are right, Snoops, and now that I'm aware of this, I will certainly think twice.
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