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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche. www.costaluzlawyers.es

Money back through Credit Card companies
28 August 2008 @ 10:30

I have got the decission by the House of Lords which upholds decission on credit card cover for overseas purchases, it says among other information:

It confirms that credit card issuers are individually an djointly liable with suppliers if a consumer has a valid claim against the supplier for misrepresentation or breach of contract. This applies to overseas purchases where the price is above 100 pounds but no more than 30.000 pounds.

- The consumer protection afforded by section 75 allows for the possibility of monay that seemed lost on a credit card purchase being claimed back.

- If you pay by credit card you can claim your money back from the credit card company if the seller fails to honour the contract, or the item is faulty or if the seller wrongly describes it or if the supplier goes out of business.

-You do not have to attempt to claim your money back from the seller first, the credit card company is individually liable

-If you are buying an item costing over 100 pounds and you are asked for a deposit, consider paying the deposit by credit card

-You are not covered by section 75 if you use a debit or charge card

-If using your credit card abroad, you will need to work out whether the purchase price amounts to more than the sterling equivalent of 100 pounds and less than 30.000 pounds.

If any of you wants me to send the full note. Please let me know.

Best regards,

Maria

 

By Maria L. de Castro

web@costaluzlawyers.es

www.costaluzlawyers.es



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5 Comments


Christine Mort said:
30 August 2008 @ 15:07

I have contacted my bank to claim the initial deposit made by credit card and have been advised that we cannot claim it because the Visa Charge Back scheme states that you have to claim the money within 120 days of the expected date of goods. The extended date for the completion of the property was September 2006.


A. Flores said:
01 September 2008 @ 16:01

Well Maria, I´m afraid that section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act. If they do, then they have a case against the card provider for the full amount of the claim but dont forget that, as the Financial Ombudsman states that ´to uphold a complaint we need to be satisfied that the customer had a claim for breach of contract or misrepresentation´. This is straightforward if the customer has paid for goods or services that have not been provided at all. It is not so straightforward if the claim is that the goods were not of a satisfactory quality, or not as described to the customer.






Maria said:
02 September 2008 @ 07:50

Hola A. Flores:

Good you read my blog!

What I exposed above is right the translation of the House of Lords´s decission.

It is clear there that a " valid claim" is needed. ( Second paragraph).

What is your point then Señor Flores?




diverdan said:
04 February 2009 @ 09:54

This is not a way forward as the total amount paid for a house is more than £30K. the credit card company say that as the amount involved is greater than £30K then the claim is invalid.


Maria said:
04 February 2009 @ 10:17

Posted thinking of those deposits that were paid in Real Estate expositions in the Uk and that are communly made by Credit Card ( on average they are under 30.000 €) in the region of 4k to 6k.

Best,

Maria


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