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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Is Breach of contract covered if you paid on a debit card?

Resolved Question:

Is Breach of contract covered if you paid on a debit card?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. What breach of contract are you specifically referring to please?

Customer:

I paid for a holiday on my visa debit, the holiday company falsely advertised the villa and its facilities, they have admitted they are in breach of contract. I tried chargeback with my bank

Customer:

which was successful and then two weeks later they withdrew the funds, stating that as I paid with my debit card and not a credit card we weren't covered for breach of contract.

Customer:

hello?

Ben Jones :

Yes still here, so who withdrew the funds - the bank?

Customer:

Yes-the bank returned them to me after hearing that the holiday company accepted that they falsely advertised a villa with facilities it didn't have, and then

Customer:

took them back a couple of weeks later.

Ben Jones :

If you used a debit card you will not be protected under section 75 of the Consumer Credit Act which normally covers breach of contract claims. This only applies to purchases made by credit cards.

You can only rely on a chargeback, however the rules on chargeback are not covered specifically under any law and will generally be written by the banks or card providers. You will not automatically be protected against any breach of contract and that would normally only be used if you had purchased goods which did not arrive or the retailer had stopped trading. Something, such as a holiday, which was not as described will not automatically be covered and it is very much down to the bank to decide if this is something they can assist you with in making a chargeback claim.

So the fact you paid by debit card does not give you as many rights as if you had paid by credit card and as the rules are not enshrined in law you are very much left in the hands of the bank and what they believe they should cover you for.

Customer:

ok thats fine.

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