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Know Your Rights!

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Published in Credit Cards on 14 August 2008

Don't get ripped off! This financial safety net could save you when all else fails...

We Brits love our plastic. As a nation, we have more than 140 million credit, debit and store cards in our wallets – which all adds up to some serious spending.

But when it comes to splashing that cash on your plastic, how many of you would know your rights were something to go wrong?

Just this month, wedding list business WrapIt went into administration, leaving thousands of distraught brides, grooms and guests chasing unfulfilled orders, and wondering if they’d ever get the gifts they purchased -- or at the very least their money back.

Credit Card Perks

The good news is if you have a credit card and use it to pay for goods and services costing between £100 and £30,000, you will be covered under what’s known as section 75 of the Consumer Credit Act.

This means that in the unfortunate event that your goods don’t turn up, are damaged or the company is unable to fulfil your order because it goes bust, the card company is jointly liable for the purchase and you have a legal right to a refund.

What’s more, the legislation also applies even if you only make a part-purchase with your credit card -- for example, by using it to pay a deposit on a sofa. In addition, you are protected for both purchases in the UK, and from 2006, purchases made overseas.

There are also some great additional benefits that some credit card issuers provide, which you can read more about in our guide: Why use a credit card?

Debit Card Defences

I have always been led to believe that Section 75 protection only applies to credit cards. However, if you’re the owner of a Visa debit card, you have similar rights to your credit card counterparts under what’s known as Visa’s ‘Chargeback scheme’.

The name ‘Chargeback’ simply refers to the process that returns the funds to your card issuer when you have successfully disputed a payment.

Like Section 75, if your goods don’t arrive, are damaged, or the company goes bust, you may be entitled to a refund. However, the rules of Chargeback are a bit hazier, and each case is assessed on its individual merits.

In addition, you are entitled to dispute a payment up to several months after the date an order is ‘fulfilled’. However, the term itself is quite abstract, and can represent the latest of three dates:

  • The date the card issuer processes the payment
  •  The date of expected receipt of services
  • The expected date of travel

Typically, the card-issuer then has up to six months from this ‘fulfilment date’ to dispute and recover the payment on behalf of the cardholder.

However (and this is where is gets more complicated), guarantees and warranties purchased as part of the payment may also increase this six month period. For example, it is possible to fully or partially get your money back within 18 months of the ‘purchase date’ on goods that have a 12 month guarantee (as stated on the web site). 

For this reason, there are two points you should bear in mind. 

Firstly, if you do make a big purchase, try to try to keep all payments and delivery documentation related to the goods/services.

Secondly, if something does go wrong, there’s no harm contacting your card issuer to see if you are eligible to get a chargeback on your purchase. After all, what do you have to lose?

Unfortunately, if you are in possession of a Maestro or Solo debit card, you are not protected under this or any other scheme, so you should treat payments using these cards as you would do with cash, and think carefully before deciding which card to use when paying for your goods at the tills.

Plan Of Action

So, what happens if you do need to claim money back?

Well, in any case, you will first need to contact the merchant direct to see whether the dispute can be resolved before approaching a third party.

If your attempts to resolve the situation are unsuccessful, the next step is to approach your card issuer. You will probably need to put your complaint in writing, forwarding evidence of your purchase and/or communication between yourself and the retailer – so make sure you keep those receipts!

As for how long it could take you to get a refund, timescales vary depending on your bank/credit card provider, though they tend to take weeks as opposed to days.

I would advise people to use either a credit or Visa Debit card to pay for big purchases. With credit cards, as long as you pay you balance off in full each month, it will cost you nothing to have that extra peace of mind. Hopefully, by remembering your rights you can maximise your card benefits and make them work for you.

More: Credit Cards For Crafty Customers / The Five Worst Credit Card Rip-Offs…Ever!

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Comments

The opinions expressed here are those of the individual writers and are not representative of The Motley Fool. If you spot any comments that are unsuitable hit the flag to alert our moderators.

marktheharp 15 Aug 2008, 8:49am

I've come across the odd retailers who don't take credit cards - for example, used car retailers - and I suspect this is the reason they don't!

BadAbbott 15 Aug 2008, 9:10am

This might be a very stupid question, but please be kind - I'm a newbie! If you buy a titanium bicycle frame with a lifetime warranty against manufacturing defects, and the frame does fail at some point in the future, and the frame supplier is no longer trading - is the credit card company liable to meet that warranty, or are they only liable for purchasing-related problems? Thanks.

yocoxy 15 Aug 2008, 9:15am

The reason some retailers (such as second hand car dealers) don't accept credit cards is not because you are protected but because they have to pay a 'merchant fee' to have Visa or MasterCard process the transaction. This can be 1% or less if they're Tesco, or for a small retailer accepting one of the 'premium' brands as much as 4%.

Since they don't want to pay £400 on a £10,000 car, they don't accept credit cards. It's this merchant fee that enables the credit card scheme to operate (plus the interest that non-Fools pay of course) and it also funds the compensation scheme when the merchant goes bust or doesn't deliver for some other reason.

It's also why some of the 'premium' card brands are not accepted at smaller retailers.

In my experience a car dealer (certainly if it's a dealership) will accept credit cards for service and accessories but not for car sales precisely because they are giving so much to the scheme for the transaction. Two ways around this:

Either negotiate the use of a credit card instead of (part of) the discount you'll be negotiating, or, offer to pay the full purchase price on the card and to cover the merchant fee by overpaying by 1 or 2% to 'share the pain' You get the benefit of the deferred payment, the protection, maybe a cashback and/or airmiles or other perks, they get a sale at or near the price they wanted.

Alternatively threaten to walk away and see how desperate they are for the sale..

One other point.. There is a minimum transaction fee (I'm not up to date on what this is but assume it's around £1.00), you can imagine why most retailers won't let you buy your morning paper on a credit card!

Minimum spend requirements used to contravene Visa and Mastercard rules because they didn't want merchants picking and choosing which transactions to accept and it was illegal for the retailer to operate two pricing schemes for cards and cash. Now they're allowed to charge a premium for card transactions, you often see "transactions under £5 will require a £1.50 surcharge" so they don't upset V or MC by refusing the transaction, they just pass the pain on to you..

It's the same old story.. If you know how to use the 'product' you have the power to use it to your advantage.

Just wait until you have a 'contactless micro payment card' such as Visa's Paywave or MasterCard's Paypass and you'll see that they're now after the small transaction (cash replacement) business and you'll be able to use plastic quite efficiently for almost every transaction..

issi666 15 Aug 2008, 9:16am

"With credit cards, as long as you pay you balance off in full each month, it will cost you nothing to have that extra peace of mind."

Doesn't this rule apply if you pay the minimum payment every month?

yocoxy 15 Aug 2008, 9:19am

I don't think the card issuer would accept responsibility for a 'life time warranty'. They cover the legal obligations of the retailer which would be that the product is fit for purpose (or whatever the legalese is).

If it's not delivered, turns out not to be made of Titanium, fails after a couple of months and you cant get a refund you're covered. If it fails in the first year or two I'd go after the card issuer but beyond that I think you're stuck.

ss770640 15 Aug 2008, 9:22am

BadAbbot, Visa will protect your purchases only. when you have accepted the goods, you are telling them you are happy with them. (google "know your statuatory rights" and "sale of goods act"). this is subject to normally 28 days to find any faults within it. any warranty issues are between you and the supplier. I dont think Visa will cover warranty issues as a warranty is a gesture from the supplier only and not part of the "terms of purchase".

BadAbbott 15 Aug 2008, 9:32am

Thanks for the info about the warranty - thought that would be the case.

On the subject of minimum transaction amounts - I buy postage online at royalmail.com - there is no minimum amount if I pay by credit card (even if it is just 1 2nd class stamp) but you can't use a debit card unless you are spending more than (I think) £3.50. Don't understand that!

mfcomputers 15 Aug 2008, 9:53am

Credit card merchant fees are based on a percentage of the transaction value, so for a single stamp would be be perhaps less than 0.5p. However, debit cards are charged at a fixed amount per transactions, perhaps 10p, which makes it too expensive for a single stamp purchase. This is because debit cards were originally introduced as replacements for cheques, so the retailers refused to accept them on the basis of a percentage fee because cheques weren't charged that way. It'll be interesting to see what happens with contactless cards, as the card schemes are proposing a minimum transaction fee, probably about 5p, so many retailers will be unhappy about accepting them for small amounts.

yocoxy 15 Aug 2008, 11:17am

"With credit cards, as long as you pay you balance off in full each month, it will cost you nothing to have that extra peace of mind."

Doesn't this rule apply if you pay the minimum payment every month?


The protection rule still applies but the "it'll cost you nothing" doesn't because you'll be paying interest..

If mfcomputers is right, I'm sorry for getting the minimum fee wrong.. Last time I was involved directly there was a significant minimum fee on credit card transactions, certainly much much higher than 5p.. Maybe things have changed in recent years.

Ishmar 15 Aug 2008, 2:00pm

What’s more, the legislation also applies even if you only make a part-purchase with your credit card -- for example, by using it to pay a deposit on a sofa.

This bit of the article is particularly intriguing. Applying it to the car example, the dealership would only have to take a part-payment on the credit card for the full transaction to be covered by this joint liability, and the percentage charge on a part-payment is not something that the dealer should object to, particularly if you offer to raise the total price of the transaction to reimburse him for it.

It's not clear to me whether the value of the card part of the transaction needs to be over £100 or the value of the total transaction, please could you clarify Szu?

The WrapIt case takes this one step further, as it raises the question of whether a purchaser who for instance topped up his WrapIt wedding list using his credit card would be covered for the full value of the wedding list, or just the part that they paid. Again, please clarify Szu.

glad69fool 15 Aug 2008, 2:36pm

Ishmar, all you need to do to obtain full credit card protection is put any part of the purchase price on your credit card however small. I bought a car for £13k app and paid only £5 of the price on a credit card. I did this deliberately to get the credit card protection & put only £5 on th card as the seller charged a whopping percentage for using a credit card at all. The car had a problem, the seller refused to sort it and my credit card company paid for the problem in full. Be prepared to persevere with the credit card people as they will resist your request to stump up in the hopes that you will give up. Ultimately, they will pay up as they have no choice legally. ALWAYS make a credit card payment of some sort if this is possible.

BadAbbott, the credit card companty is not an insurer for insolvent businesses.

Ishmar 15 Aug 2008, 5:18pm

Hi glad69fool. Thanks for that, much appreciated!

Any idea if it would also apply to WrapIt, where the total purchase was contributed to by multiple other parties? I was actually affected by the problems at WrapIt, and would obviously love to be able to apply this principle to the situation...

TMFSUZY 15 Aug 2008, 5:20pm

Hello Ishmar,

With regards to your first question, glad69fool is absolutely correct. The amount of the transaction you put on your credit card is irrelevant, as long as the total cash price of the good or services is between £100 to £30,000.

As for your second point, I'm not sure I understand your question correctly. In the case of WrapIt, guests, not brides and grooms should be making claims, as they were the ones entering into the 'borrowing agreement' with the merchant (what Section 75 is based on).

As there are likely to be multiple transactions on any one wedding list, if one person pays by Maestro, and another by credit card, that doesn't mean the former is covered by the latter's purchase. Are you still with me, or like in Jerry Maguire, were you gone at Hello?

Let me know if you need anything else. If not, enjoy the weekend!

Szu

Ishmar 15 Aug 2008, 6:06pm

Hi Szu,

Yes, still with you, and indeed still here!

You're quite right that the people who paid for the gifts can make claims to their banks for their own transactions. But almost all of those transactions were either under £100 or were paid for by debit card and therefore not falling under section 75. Also many card issuers are insisting that claims are made against the company rather than against the company's bank, and since WrapIt is in administration, that effectively means no funds will be reclaimed.

The final transaction of the WrapIt process involved the couple spending a credit balance (you're quite right, paid for by their guests), and in some cases topping it up with an amount paid for on their own credit card. I've read a suggestion that this act of topping up the purchase may possibly potentially conceivably (yes, lots of doubt in there!) mean that the full amount of the entire transaction is covered by section 75.

As an analogy, if you pay £995 cash and £5 on your credit card for a car, you're covered for the full £1000. If your friend pays £995 cash and you pay £5 on your credit card, are you also covered up to £1000?

It looks like a bit of a grey area to me, and I'm very interested as it could save all of our guests from many hours of being bounced around by the banks, and from contributing directly to HSBC's next profits announcement...

Alan467h 15 Aug 2008, 6:07pm

Hi all,

Here is one I was about to call up for today, but since this article is out I might as well get some advice first. I bought some new tiles for a bathroom renovation and on the advice of the plasterer (who was first class) I hired a contact of his. He was great on the completing 75% of the job, but towards the end said he had to go off on an emergency (he said I could pay him on his return), so would send a colleague. His colleague had the hardest part of the job installing mosaic tiles at a cost of 200 pounds a sqaure metre (yes 20pounds per tile). He was useless and I let him know that the job was not corect as the tiles are not smooth (way out) and the shower floor will not drain as the level is 2mm below the drain. I have tried calling all the numbers I have but no one responds for the past 21 days. I now have to take up almost 400 pounds worth of tiles which I bought on my barclaycard 2 months ago. Does anyone know if I am covered? I am not covered under my home insurance for dodgy workmanship.

On a brigter note about 6 or 7 years ago, my wifes shopping was stolen while we stopped top get something to eat. Barclaycard reimbursed us in full and promptly.

Many thanks, Alan.

DavidJHearn 17 Aug 2008, 6:33pm

Yes, are only GOODS (of £100+ value, seems another common condition on some card T&Cs) covered, or also SERVICES, eg a solicitors' fees that were paid by credit card?

57eve 18 Aug 2008, 4:36pm

Just wanted to add, Don't take any sh1t from the bank issuing the card. I once paid over a grand for a replacement engine only to fine the garage was featured on BBC's Rogue Traders! I contacted Trading Standards etc then went to credit card company for help. I was told they were unable to help. After seeking legal advice I went back to CC company (HSBC) who I'd been with for donkeys years, quoted (via registered letter) section 75 and guess what... instant credit to my card of the FULL amount, no questions asked!
They play this game, if you don't know about section 75 they win, you lose..... PS thanks for great info Fool.co.uk :o)

steve161057 20 Aug 2008, 9:35am

I recently bought a new car for my wife and paid as much as the main dealer would allow on my credit card so I could get the section 75 protection plus credit card points. The balance, £3,000, I paid by Visa Debit Card. All pretty safe you would think. Until I checked my account online to find the £3,000 had been deducted and a further £3,000 was waiting to be posted leaving me with a negative balance!!! Phoned bank: "car dealers often put the transaction through twice". No concern that I was potless because of this. Phoned main dealer's jumped up business manager who evetually checked with Streamline and said it was my banks fault. Next call to bank: "It went through with an incorrect transaction code the first time - the dealer must have misquoted the code. We will sort it by tomorrow". They did sort it but it left me without funds for most of a day. I will be wary about using my debit card again!!

subs01 29 Oct 2008, 12:55pm

Can anyone help? I bought a camcorder for £700 on ebay but it turned out to be stolen. I have returned it, via the police, to its original owners. Paypal will not refund the payment as the crime number does not relate directly to my transaction and teh seller may have sold it not knowing it was stolen.
I deliberately paid by credit card in case a box of bricks turned up rather tha a camcorder. So, I called my credit card company to invoke Section 75. They say that I got the goods and they were not stolen from me so they don't cover a refund.

Is there any cover or is my best bet to try to recover the first £500 from the vendor via the Small Claims Court?

edjohnson45 10 Nov 2008, 11:02pm

I have been ripped off by a holiday for £8000 after being promised cheap holidays and a full cashback after 5 years. No cheap holidays and no cashback certificate but my credit card company refuse to accept that I have been cheated.
So don't count on them coming to the rescue, they don't give a hoot.

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