Credit Card refunds for overseas transactions

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Offline Boss Man

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Credit Card refunds for overseas transactions
« on: April 04, 2006, 21:19:43 »
Credit Card refunds for overseas transactions - New ruling March 06

On 22nd. March 2006 the Court of Appeal ruled that section 75 of the Consumer Credit Act 1974 applies to overseas as well as domestic transactions.

This should make it easier for UK consumers to obtain refunds from their Credit Card company in respect of Timeshare and Holiday Club transactions which go wrong. In turn it will almost certainly make the Credit Card issuers take much more care when authorising suppliers' accounts in the future.

Note that this relates only to CREDIT CARDS and not to debit cards or charge cards. Marketers will by now be aware of this and will therefore probably try to pressure buyers into using debit or charge cards, or to draw cash, in an attempt to avoid any charge-back. This should be avoided like the plague.

The Act says that:

Section 75(1) states that card issuers are jointly and severally liable for any misrepresentation or breach of contract in relation to a transaction with a cash price of £100 to £30,000 which is financed by an agreement regulated by the Consumer Credit Act 1974.

OFT advises:

. Thanks to the consumer protection of section 75, money that seemed lost on a credit card purchase can be claimed back
. If you pay by credit card you can claim your money back from the 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 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.

Link to the Office of Fair Trading Press Release of 23rd  March 2006:- http://www.oft.gov.uk/News/Press+releases/2006/60-06.htm

Thanks to Oldbill for the heads-up on this

Offline tonyg

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Credit Card refunds for overseas transactions
« Reply #1 on: April 06, 2006, 17:52:17 »
Anytime anyone specifies only certain types of payments being acceptable should send up a red flag. I once had a con artist trying to sell me something over the phone send up a big red flag when he wanted payment by Western Union moneygram.
 

Offline OldBill

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Credit Card refunds for overseas transactions
« Reply #2 on: October 31, 2007, 16:50:11 »
This decision was appealed against by Lloyds TSB and others and went to the Lords.

The Lords' judgment was given today.

All the Law Lords agreed that S75 does apply to overseas transactions and the appeal was lost.

Credit suppliers will be in for a difficult time - and it serves them right for giving support to the dishonest side of the industry.
OldBill

Offline acer

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Credit Card refunds for overseas transactions
« Reply #3 on: October 31, 2007, 19:57:47 »
Perhaps this will encourage network partners of Visa & Mastercard to monitor suppliers more carefully.  However, scammers may seek alternate methods of payment which should ring alarm bells.
ff

Offline OldBill

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Credit Card refunds for overseas transactions
« Reply #4 on: October 31, 2007, 20:35:16 »
It won't just be the scammers. The card companies are more or less stuck with it if you hold a UK card but I expect to see the finance houses set up (may already have done so) subsidiaries outside the UK to lend on timeshare and holiday club purchases. If the loan is arranged outside the UK it will not be covered. People will not be encouraged to realise that the provider is not in the UK.
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Offline jonb

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Credit Card refunds for overseas transactions
« Reply #5 on: June 14, 2009, 22:06:59 »
hello there,i am having an ongoing battle with Lloyds TSB, whom my c/c is with.
  I paid 600 euros to PMC Holidays based near malaga back in Feb this year,after being told we had a buyer for our CLC Timeshare points, but we would have to travel to Spain to sell them ( a firm offer of £4,400 for our 400 points!) During the course of trying to set up this meeting, things started to unravel, i could not contact the supposed buyer, was having trouble contacting the broker (PMC), this was running for about a month, when i was cold called by another 3rd party broker, IHOC, also based in Spain, saying they had a buyer for our CLC Points for £4,995!! This in effect, subsidised our original loss of 600 Euros, and it was very near where my father lives in Spain, so we went for it!
   travelled over back in March this year, attented the meeting where it was promised we could sell on the day, and walk away with a cheque for the selling amount, only to find out that in fact, we would have to wait 5 YEARS for our money, AND come up with another £3,786 on the day!!  Needless to say, we ended our meeting then, and it was only through pressure all our family excerted on IHOC, that we recovered our flight costs and accomodation costs.
  My beef with Lloyds tsb is that, had we managed to arrange a meeting through THEM, not IHOC, the result surely would be similar, we are unwilling to make another journey to face the same result, this time we may not recover our travel expenses!
  as i understand the law, under the new ruling, any product bought overseas that is not in fact, as described, ie gross Misrepresentation, the Bank would be liable for.
  Duly i managed to contact my CC company through Lloyds,and they have sent me a letter wanting more information, ie, the contract with PMC Holidays, (which we never Received), giving me 28 days to reply. PMC will not answer my calls or respond to e-mails, they are  as i understand ,still trading, according to the spanish branch of the local trading standards office, where do i go from here, I maintain my bank are liable for this costs, they appear to be making it difficult for me to carry on my claim, any suggestions, i will return there envelope, saying we had no original contract.!! Any suggestions would be very welcome !!, Thanks for your time, J. B.
jon beer

Offline Boss Man

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Credit Card refunds for overseas transactions
« Reply #6 on: July 29, 2009, 19:31:55 »
The Ombudsman has recently been looking at issues around Section 75 of the Consumer Credit Act 1974 and ecs-pay.net -type transactions - specifically whether or not section 75 applies. The conclusion reached was that transactions involving an 'electronic money institution', i.e. ecs-pay.net, is a four-party transaction, involving the cardholder (debtor), the card issuer (creditor), the electronic money institution (supplier of remittance), who then forwards the funds to the supplier of the goods (supplier/seller). Consequently there is no debtor-creditor- supplier relationship between the Bank and the supplier of the goods.

For section 75 to apply the law says there has to be a: "debtor-creditor-supplier" agreement involving an actual or contemplated pre-existing 'arrangement' between the creditor and the supplier. Our relationship is with ecs-pay.net, who fulfilled their obligations by forwarding the funds to the supplier/seller of the goods. We do not have a relationship with the supplier/seller of the goods.

To further clarify this, the Financial Ombudsman explained "..the cardholder is in the same position as he would have been in if he had used his credit card to pay money into his current bank account and had then written a cheque to the seller."

Offline baile50

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Credit Card refunds for overseas transactions
« Reply #7 on: August 12, 2009, 16:17:24 »
hi can any body tell about gold global logistics
 

fastal909

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Credit Card refunds for overseas transactions
« Reply #8 on: August 19, 2009, 13:34:09 »
Can someone tell me what happens if you have paid something into an offshore bank account {lloydds]

Offline smithywatch

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Re: Credit Card refunds for overseas transactions
« Reply #9 on: February 29, 2012, 17:20:29 »
This is correct Boss man, I recently read an advert in the daily telepgraph from a company that helps you make a claim against DWVC and there con merchant mates Incentive Leisure, after speaking to them i started to look around the net and found you guys , as a spooky concidence these guys also advertise on here, i was conned by ILG to trade in my timeshare for a DWVC holiday club membership 4 years ago, and offered a reclaim cert that pays out in 51 months, i have since realised that this will not happen, so i called these guys from the daily telepgraph being sceptical i asked them loads of questions and the guy there was really helpfull, we have signed the paperwork with them, no money up front, no win no fee, they have even written a letter for us to the old timeshare costa to tell them to stop asking me for maintenance fees, i know you can try and claim yourself but these guys really offer a lot of advice, give them a call if you need any help, there on this site somewhere but they are called Time Share Help,  glad to be of help smithy 




<b>Credit Card refunds for overseas transactions - New ruling March 06</b>

On 22nd. March 2006 the Court of Appeal ruled that section 75 of the Consumer Credit Act 1974 applies to overseas as well as domestic transactions.

This should make it easier for UK consumers to obtain refunds from their Credit Card company in respect of Timeshare and Holiday Club transactions which go wrong. In turn it will almost certainly make the Credit Card issuers take much more care when authorising suppliers' accounts in the future.

Note that this relates only to CREDIT CARDS and not to debit cards or charge cards. Marketers will by now be aware of this and will therefore probably try to pressure buyers into using debit or charge cards, or to draw cash, in an attempt to avoid any charge-back. This should be avoided like the plague.

The Act says that:

Section 75(1) states that card issuers are jointly and severally liable for any misrepresentation or breach of contract in relation to a transaction with a cash price of £100 to £30,000 which is financed by an agreement regulated by the Consumer Credit Act 1974.

OFT advises:

. Thanks to the consumer protection of section 75, money that seemed lost on a credit card purchase can be claimed back
. If you pay by credit card you can claim your money back from the 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 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.

Link to the Office of Fair Trading Press Release of 23rd  March 2006:-

<i>Thanks to Oldbill for the heads-up on this</i>

dalex

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Re: Credit Card refunds for overseas transactions
« Reply #10 on: March 02, 2012, 08:01:27 »
This is correct Boss man, I recently read an advert in the daily telepgraph from a company that helps you make a claim against DWVC and there con merchant mates Incentive Leisure, after speaking to them i started to look around the net and found you guys , as a spooky concidence these guys also advertise on here, i was conned by ILG to trade in my timeshare for a DWVC holiday club membership 4 years ago, and offered a reclaim cert that pays out in 51 months, i have since realised that this will not happen, so i called these guys from the daily telepgraph being sceptical i asked them loads of questions and the guy there was really helpfull, we have signed the paperwork with them, no money up front, no win no fee, they have even written a letter for us to the old timeshare costa to tell them to stop asking me for maintenance fees, i know you can try and claim yourself but these guys really offer a lot of advice, give them a call if you need any help, there on this site somewhere but they are called Time Share Help,  glad to be of help smithy 

No Fee No Win but how much do they take if they win? I suppose that will be better than nothing.




<b>Credit Card refunds for overseas transactions - New ruling March 06</b>

On 22nd. March 2006 the Court of Appeal ruled that section 75 of the Consumer Credit Act 1974 applies to overseas as well as domestic transactions.

This should make it easier for UK consumers to obtain refunds from their Credit Card company in respect of Timeshare and Holiday Club transactions which go wrong. In turn it will almost certainly make the Credit Card issuers take much more care when authorising suppliers' accounts in the future.

Note that this relates only to CREDIT CARDS and not to debit cards or charge cards. Marketers will by now be aware of this and will therefore probably try to pressure buyers into using debit or charge cards, or to draw cash, in an attempt to avoid any charge-back. This should be avoided like the plague.

The Act says that:

Section 75(1) states that card issuers are jointly and severally liable for any misrepresentation or breach of contract in relation to a transaction with a cash price of £100 to £30,000 which is financed by an agreement regulated by the Consumer Credit Act 1974.

OFT advises:

. Thanks to the consumer protection of section 75, money that seemed lost on a credit card purchase can be claimed back
. If you pay by credit card you can claim your money back from the 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 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.

Link to the Office of Fair Trading Press Release of 23rd  March 2006:-

<i>Thanks to Oldbill for the heads-up on this</i>

Offline hoddle82

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Re: Credit Card refunds for overseas transactions
« Reply #11 on: October 02, 2012, 23:54:17 »
Yeah, we did the same using Resolved Claims who we understand used to use the lawyers that timesharehelp now use. We would definitely recommend Resolved Claims and they appear to be a very professional company and we saw their advert in the Easyjet magazine.

Offline rrb

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Re: Credit Card refunds for overseas transactions
« Reply #12 on: July 10, 2017, 22:03:55 »
can anybody tell me what is the time scale for credit card payments to be covered by the consumer credit card protection - I heard that you are only able to claim within 6 years
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Offline Norm de Plume

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Re: Credit Card refunds for overseas transactions
« Reply #13 on: July 15, 2017, 11:01:02 »
6 year limitation period will pretty certainly apply.
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