Section 75 Disputes

Hi All,

I ordered a Sound-bar from an online company on the 18th December for £285. I then cancelled the order. The company has never acknowledged or responded to any of my emails and no longer answer calls. I have never received the product from them and Trust Pilot suggest they may be a scam.

My Amazon MasterCard (NewDay) was debited on the 20th December and I filed s 75 Dispute with NewDay on the same day. (I’ve provided evidence of deadlock to them)

I’ve just called NewDay to get an update and they did not really seem do know anything and just kept saying that the disputes team will look at it and we have 103 days.

Does anyone know the answers to the following questions?

1 - If a transaction is disputed, do I still have to pay that disputed amount, or can the CC sideline it?

2 - Is there a statutory time limit as to when the Credit card company need to comply with a s75 dispute by? Where does the 103 days come from?

Thanks in advance.
Mik

I’d be interested to know, why did you cancel the order and how quickly after purchase? Were you suspicious of something?

Yes, when I placed the order, I wanted expedited delivery (before xmas) but after I put my card details in I was not offered next day, by which time they had debited the card. I cancelled the order within 30 minutes and sent 4 emails - no response and no delivery. - Trust Pilot made some uncomfortable reading.

That indeed is unfortunate. It clearly doesn’t help you, but from my own perspective, I’ve become extremely careful online about what I’m ordering and from which company. My Bitdefender Anti-virus software has on several occasions, flagged pages that I’ve clicked onto as potential scam sites or those that have failed certificates etc.

You have at least done the right thing and used a credit card for the purchase. How NewDay’s systems deal with this as opposed to say a bank that provides credit card S.75 protection, shouldn’t theoretically be any different.

I hope you get this sorted.

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They may be mistaking your right to claim within a certain time period (usually 120 days, or 6 years) with their obligation to respond, which as far as im aware isnt defined. However i believe if you have not received a result within 8 weeks you still have recourse to take it to the ombudsman like any complaint. (dont quote me on that though)

The credit card company will eventually respond with a decision.

I’m suppressed the charge was added on the 20th though usually credit card charges are only cleared on weekdays. I feel your pain on amazon marketplace as well, i avoided it like the plague, now i just dont use amazon at all.

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I normally conduct due dilligence when ordering anything from someone I’ve never used before - but did not on this occasion and got bitten :see_no_evil:

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There isn’t a time limit on S75 claims, but there is a time limit for complaints. So, if you raise a complaint about the 103 days being too long, they then have 8 weeks to deal with the complaint. Then you can complain to the Financial Ombudsman Service, either because they haven’t dealt with your complaint within 8 weeks, or because you aren’t satisfied. For the latter, you will need a letter of deadlock.

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a lot of CC companies have extended their deadline for resolving S75 queries due to the amount they are/were getting for holidays & flights around COVID.

I had an S75 issue with MBNA and they advised 45 working days due to backlogs so it might just be a waiting game

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NewDay may well be treating it as a chargeback claim, which may well be more appropriate than under Section 75.

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Just an update… NewDay reversed the transaction pretty quick on the 31st December 2020. So that’s a 11 day turnaround. You never really know how your card provider is until it goes wrong! In this case, 11 days is good!

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Glad you managed to get it sorted out :+1:

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