CREDIT CARD - Return of Deposit

Help - has anyone out there been refunded by their credit card company for the deposit 3005 euros under section 75 of the Consumer Credit Card act?

My credit card company have refused to pay stating that the total amount of the purchase is greater than £30K which means that there is no redress from their route.

THe Financial Omnbusman appears to be being led down that route also so i have no confidence that this route will be successful.

Anyone with differant views or experience - please pm me with any info that might help.

Regards

dd

I am just going through the process of recovering my deposit with my credit card company. Will let you know what happens, but the amount i am claiming back is only £2000.

When we paid the 3005 euros that was about £2000.

It seems that the credit card companies are using the fact that section 75 of the act is only for purchases under £30K and they are saying that the total price of the house is more than that so you will not be getting your money back.

dd

I have been considering this route, I actually paid the 3005 euros to Parador as Huma,s machine was not working do not know if this will make a difference any ideas???

My hope is that someone gets the money back via this route and we can all use that as case law.

Therefore it is important if anyone has had any success they share the info with us.

dd

Hi Ian (dd)

You could try the 'you didn't make the £30K limit clear in your terms and conditions' approach with the credit card company.  It may be the case that ombudsman would deem the clause 'null and void' if the Credit Card company can not demonstrate that they drew your attention to the clause.  Worth a try?

Peter

I tried this about 2 years back, my cc company said it wasn't covered by their Ts & Cs

What a surprise.

I think this route is closed and there will be no return of deposit from your credit card company.

I approached the credit card company and was refused due to the sum involved in the total house price being greater than £30k.

I then approached the Financial Omnbusman and they eventually upheld the credit card company decision.

Looks like the deposit is lost to Huma forever. I wonder how mauch that is alone from all the buyers........

dd

I read somewhere (on this forum or another) that you can ask to see a copy of the terms and conditions that were current on the date you paid the deposit.  i.e not todays T C's. They could state different terms ....... worth looking at.

Good point about 30k limit. Do you know any credit card company that points this out to you... Challenge them again.......

I have approached Barclaycard to refund my deposit of 300 euro and they have refused. Something about only having 120 days to make a claim.

Has anyone had any luck at all or know where i can maybe take this further?

Cheers

Darren

Hi Darren

The 120 day thing is a load of tosh.  But there is a clause that says they are not liable if the total transaction was for more than £30,000 (which it was).  I would get the 120 day excuse in writing, then complain to the Ombudsman, who may not allow the £30,000 rule to be dragged in at a later stage.  Worth a try at least.

Peter

Thanks Peter.

Does the rule still apply as all i did was pay the deposit on my credit card and then months later the rest was raised by a second mortgage. All Barclaycard said was that they couldnt help due to the 120 day rule and couldnt advise me where else to go!

Cheers

Darren

Hi

Interesting article in Sunday Times, Money section, page 4..

"Card firms must refund payments of between £100 and £30,000 where there has been a Breach of Contract- under section 75 of the Consumer Credit Act. This includes when a retailer or supplier goes bust."

"Most firms have a rule that they won't pay a "disputed transaction" if the transaction was not queried within the firms timescale-usually between 45 and 180 days. However, the FSO says that  these rules should no be applied to refunds made under the Consumer Credit Act.

I've been trying to go down this route, credit card company says they have investigated but dont feel I have a claim due to "conclusive facts" whatever that means!!

I have made a complaint about Barclaycard to the Financial Services Ombudsman so we shall see what happens there, Have also been harrassing Barclaycard as well. Only problem with them is that i closed my account in NOv 04 and they have no trace of me. They have given me a Data Protection department to write to/phone to get me records out of their archives! JUst hope that its not a waste of time.

Sorry to hear about your problems Thug. Are you taking it further?

Hi All

We paid our deposit by cheque direct to the agents acting for Huma, then all subsequent payments were also made to the agent. They issued us with receipts, then later Huma sent their receipts once they received the monies from the agent.

Has anyone else paid in this way, as we feel that the agent should be made accountable, although they are refusing to accept any responsibility? The agents are saying that since we took legal action, they are no longer involved. We think this is rubbish and would be very grateful for any advice or ideas from anyone on the how we stand with the agents regarding the payments. Many thanks.