I’ve written and talked about this handy bit of legislation but until recently never needed to use it myself.
Section 75 as it tends to be known is part of the consumer credit act, and kicks in if you’ve bought something on your credit card but the company you buy from goes bust, goods don’t arrive or when they do they’re faulty. Under this protection you can ask your credit card company to stump up. Handy to know and the small print bits are short and sweet, just that what you buy must cost between £100 - £30,000, even if you only pay a portion of the cost on your credit card.
So far so good except in reality how easy it is to make a claim and get the payout? Not that straightforward if you’re dealing with Santander and after my experience it was no suprise to learn last week this same bank ranked 3rd on the list of most complained about banks, lagging not far behind both Barclays and Lloyds TSB.
So what happened? I wanted to make a claim after the company I booked my holiday acccommodation with (an ABTA registered website) went into administration a month before my holiday. I rang my card company (which comes under the Santander umbrella group) to ask for a section 75 form. The chap I spoke to didn’t seem to have a clue what I was talking about and kept asking if I had travel insurance. But in fact with this bit of legislation there’s no need to pursue other avenues first; you have the right to go straight to your card company for the money. So I asked for his supervisor but after holding for over ten minutes gave up and rang the Santander press office.
While I should say I’m not in the habit of calling press offices to get them to sort out my personal woes I figured in this instance if I was thinking of writing about this I wanted to hear their take on it. After much chasing and promised calls back I finally got a call from someone with the complaint resolution team at Santander who took all the details but still insisted that travel insurance should be the first port of call. My letter from them clearly states that customers wishing to make a ’section 75′ claim must send all revelent paperwork to them, ‘providing a customer does not have insurance that would cover this’ and going on to say that ’if a customer has insurance they must pursue a claim with the insurance company first’.
When I raised this with my contact at Santander she later backtracked to say customers could come to them first but if they had travel insurance ‘whilst we review your claim under section 75 we would ask you to refer the claim to your insurance provider’.
Er hang on a minute…..so if I’ve got this right surely what they’re now advising is trying to put in two claims at the same time? Isn’t this potentially fraud? Claiming for the same thing twice over?
I had a chat with the very helpful Financial Ombudsman Service who say of course there’s no obligation on consumers to pursue claims through their travel insurance or any other avenue first; they can go straight to their card company for a section 75 claim. They were also concerned about the wording of the email from Santander, which to me sounds like they’re advising pursing two claims at the same time, so I’ll be sending all my paperwork to them so they can decide whether Santander’s advice and handling of this has been good practice.
I did get my money back and managed to rebook the very same accommodation through another company in time for my trip. But what would have happened if I hadn’t been so sure of my rights? If you ever need to make a ’section 75′ claim on your credit card and feel your bank or card company is trying to fob you off get in touch with the Financial Ombudsman Service www.financial-ombudsman.org.uk who can help you get things sorted.
I wonder how many other Santander customers out there may have tried to make a section 75 claim and either given up or been given the fob off too?