Chargeback Vs Section 75: The Most Common Differences

Chargeback Vs Section 75: The Most Common Differences

19/07/2020 0 By M Zaman

Once, you purchase a good it will automatically come under either Chargeback or Section 75 protection. But, there are most common differences between Chargeback Vs Section 75 protections you will need to know.

As, you purchase a good, many traders may flout the consumer protection laws while denying to pay. But, you rights will remain unchanged you are eligible to get your money back.

For an instance, if you have purchased a holiday packages either for you or members of the family. But, the holiday service provider are providing its services for an example holidays are cancelled or company went burst.

In these circumstances, you are eligible for refunds either Chargeback or Section 75 protection.

Chargeback Vs Section 75 The Most Differences

There are most common differences between Chargeback Vs Section 75 protections you will need to know

What Is Chargeback Protection?

Consumers are only eligible to use the term Chargeback for an instance if they have been changed with the wrong amount or for a re-occurrences of payment after previously cancelling

In this cases, card issuer can use this option to reclaim money from the retailer’s bank if they do not get the goods or services they paid for it.

For an instance, companies like airline, travel agent or insurance provider has gone out of business.

Additionally, with chargeback option buyers also have protection if the goods or services they purchase are fake, faulty or defective. In this scenario, they will need to return the goods to get a refund.

How To Make A Claim For Chargeback

In order to make a claim, the claimant will need to contact with the card provider and tell them they want to make a chargeback claim.

You will need to prove your purchase and show the issue you are complaining about. For an instance you can provide photographs showing the goods are faulty.

However, if your credit card company doesn’t accept that you have a claim and refuses to pay up.

Then you can refer your dispute to the Financial Ombudsman Service.

Usually, you must make a claim within 120 days from when you made the transaction or were due to receive the goods.

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On the other hand, if there are more than eight weeks have passed since you submitted your claim to your credit card provider. You can refer your issues to the FOS.

There are useful information about Chargeback available from here.

What Are The Advantages Of Chargeback?

The most common advantages of Chargeback are:

  1. Once a claim is valid most of the time claimant can get their money back
  2. Sometimes claimants can receive their money back within days rather days weeks.

What Are The Disadvantages Of Chargeback?

The most common advantages of Chargeback are:

  1. It is not bound by the law
  2. There are no guarantees your bank will be able to recover the money through chargeback
  3. It will only work once there are transactions under £100
  4. It can only work for debit cards rather than credit cards

What Is Section 75 Protection?

Once you have purchased a good which has value of at least £100 and not more than £30,000. Then, you are eligible to make a claim under Section 75 of the Consumer Credit Act 1974.

It is a most useful tool for claiming your money back if a product is faulty, or the company you bought from breaks their contract or goes out of business, or does not deliver what they promised.

Although, it is slightly different from Chargeback. Where you will need to contact with the card providers separately.

Under this scheme, card providers have a legal obligation to deal with them, as per Section 75 of the Consumer Credit Act 1974.

There are useful information about Section 75 available from here.

How To Make A Claim For Section 75

Since, many airlines are offering either a voucher or a credit to be used for a future flight, as opposed to a cash refund.

The banks/card providers are interpreting this as meaning that there is no breach of contract, due to a voucher or credit being offered which they say “is an acceptable remedy”.

However, there is no specific time-frame set for your card provider to resolve a chargeback or Section 75 claim. But if you are unhappy with the outcome of the claim, or how long it is taking, you can complain to your provider, it then has eight weeks to deal with this complaint.

You can make a claim within six years of buying the goods or, in cases of non-receipt. Since the period you were due to receive them.

For example, if you have reserved a holiday package with a £60 deposit with your credit card for the balance of £1,000. Then, you will be covered for the whole £1,000 if the dealer went out of business and you didn’t continue journey.

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Section 75 gives you the same rights against the card company as you have against the retailer.

However, if you have bought two items that together cost more than £100, but each cost less than £100. Then, Section 75 will not apply and the card company won’t usually be liable.

In this scenario you can consider for Chargeback.

Another good example of this is when you buy concert tickets. If you buy directly from the venue, then Section 75 may apply if the cost is over £100. If you buy through a ticket agency or third party, then it may not.

In order to eligible for Section 75 refunds. There must be direct transactional relationships between the buyer and seller.

You can make a claim even if an account is closed and that Section 75 can apply to credit card transactions made abroad.

If your credit card company doesn’t accept that you have a claim and refuses to pay up, then you can refer dispute to the Financial Ombudsman Service (FOS).

Once there are more than eight weeks have been passed since you submitted your claim to your credit card provider.

You can also approach the FOS before the eight weeks are up if your provider has given consent for you to do so.

What Are The Advantages Of Section 75?

The most common advantages of Section 75 are:

  1. Section 75 is particularly useful if the retailer or trader has gone bust, or it doesn’t respond to your letters or phone calls.
  2. It is part of Section 75 of the Consumer Credit Act. This will apply to foreign transactions as well as goods bought online, by telephone or mail order for delivery to the UK from overseas.

What Are The Disadvantages Of Section 75?

The most common disadvantages of Section 75 are:

  1. You may not be covered if you use an intermediary or payment platform, such as PayPal.
  2. You may not claim money for the purchase of land, goods or services paid for by a secondary cardholder and hire purchase agreements, such as car finance.
  3. Section 75 protection also requires your credit card provider and the seller of goods to be different parties. Section 75 will not apply if the lender is also the supplier.

Meanwhile, there are differences between ATOL and ABTA you need to know.

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