This post is in no way against Tesco Bank, in fact I'm really happy with how they supported, and agreed with all evidence that was provided to result in a successful Section 75 Chargeback.
The chargeback was in relation to two products that were purchased from House of Fraser. The dispute was on the grounds of inaccurate, misleading advertising on products in 2022.
A 'Blue Shirt' was promoted with images showing white buttons, and the description also stated this. When challenged, the retailer initially advised I'd received the wrong item, and sent a replacement.
Then when this item was exactly the same, HOF advised if I wasn't happy I'd need to pay to return the items for a credit note (not a refund) as the items were adequate and website images were taken in 'lighting conditions' that would change the look of the item that was being sold.
The Section 75 dispute was successful and I was issued a full refund for the impacted items.
Today, out of the blue I received an email from House of Fraser Digital Risk Team, the email outlined:
"At Frasers Group, we regularly review customer profiles. It's been brought to our attention that you raised a dispute on order in subject. Due to this chargeback, we have made the decision to suspend your account. We can also see that the bank closed this dispute in your favour".
This means my online account is suspended for all Fraser Group sites (House of Fraser, Sports Direct, Flannels, Game etc).
Based on the fact the section 75 dispute was successful as HOF acted wrong, it seems utterly unfair that I am effectively 'banned' for proving the retailer was wrong.
I'm wondering if anyone has had similar experiences either with HOF or other retailers and if any further action was taken against the retailer.
Hey @jackvockins, thanks for getting in touch and leaving us great feedback around a successful section 75. I'm sorry to hear about your experience here. Please let us know if there is anything else we can do to help you further 🙂
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How we collect and use your personal data
Tesco Personal Finance plc, trading as Tesco Bank as part of the Tesco Group take the security of your data seriously. We want you to be confident that your data is safe and secure with us and understand how we use it.
We collect data when you browse our website (e.g. your IP address) and register for the Community. To find out more about how we use your data, our legal basis for processing your data and your rights under data protection laws please view our Privacy Policy.
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Tesco Bank Community Terms of Service v 1.0
The Tesco Bank online community ('Your Community') is for Tesco Bank customers, staff, contributors and supporters to discuss products, services, issues and matters of general interest. Your Community content may be viewed by both members and non-members.
We encourage you to enjoy Your Community. However, please note that by using Your Community, you're confirming to us that you've read and have agreed to be bound by these Terms of Service and our House Rules. If you're unable to accept these Terms of Service and/or our House Rules for any reason, please do not use Your Community.
To the extent that there's any conflict between these Terms of Service, our House Rules, or any other document, posting or communication connected to Your Community, these Terms of Service will prevail.
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Registration
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not be the same as, or similar to, your Tesco Bank internet banking username or password (if you're a Tesco Bank customer) or the username or password for any other sites you may use;
not contain any details you don't wish to be viewed by the general public; and
not be defamatory, offensive, impersonate any other person or entity, infringe the intellectual property rights of any person or entity, or otherwise mislead or deceive others.
We reserve the right to reject any username or remove any image that we determine in our sole discretion is unacceptable for use as a username or image in Your Community.
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You're responsible for all content posted or communicated under your username, including the use of your username by others. You're responsible for keeping your password confidential and you agree that you'll not share your login details with anyone, let anyone else access your account, or do anything else that may compromise the security of your password or user account. You may use Your Community for lawful purposes only. It is your obligation to ensure that when operating your user account and posting content, you'll comply with the laws of the United Kingdom.
Your reliance on content
You use Your Community at your own risk. You are solely responsible for your use of Your Community and reliance on the content
The views expressed within Your Community are not our views and are not endorsed by us, unless provided by a Tesco Bank representative designated as a Moderator, Your Community Expert or Community Manager. We do not vouch for the accuracy or authenticity of posts or communications and do not take responsibility for any opinions you or other users choose to provide.
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From time to time, staff members of Tesco Bank, our suppliers and affiliates, may be present on Your Community. In doing so, unless designated as a Moderator, Your Community Expert or Community Manager these staff members are acting in their personal capacity and not as an employee, adviser, representative or agent of Tesco Bank and are personally responsible for the content of their posts and communications. The content of such posts and communications don't constitute our views.
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Misuse
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Moderators may or may not investigate any complaint that is brought to their attention, and may or may not take appropriate action, including, but not limited to issuing warnings, moving or removing content, or suspending or terminating any user name and user account. Because situations and interpretations vary, it is possible that we may take no action whatsoever. The failure to act with respect to a violation by you or others does not waive the ability to act differently with respect to subsequent or similar violations.
Warnings, suspensions, and terminations
Moderators may communicate with you personally concerning Your Community or related matters. Those communications are confidential between you and us and are not intended to be made public. As such you agree not to post or otherwise disseminate those communications within Your Community or elsewhere, on the Internet or otherwise.
You agree that your registration and access to Your Community may be immediately suspended or terminated without explanation or prior notice. Without limiting the foregoing, the following may, at our sole discretion, lead to a termination of a user's registration and access to Tesco Bank Community:
breach of these Terms of Service, the House Rules or other related agreements or guidelines;
request by law enforcement or other government agencies;
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unexpected technical issue or problem; and
extended periods of inactivity.
Termination of your registration includes removal of access to all offerings within Your Community and may also prevent you from engaging in further use of Your Community. Furthermore, you agree that neither us nor the moderators shall be liable to you or any third-party for any termination of your registration or access to Your Community.
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When you upload or submit content (such as text, data, images or names, when permitted) to Your Community, you grant us a right to use, copy, modify, publish or otherwise distribute that content, including any personal information that may be included in the content, for any purpose, including, without limiting the foregoing, the administration and management of Your Community, marketing including in social media, analytical purposes, and new product or service development. The licence you grant us is perpetual, irrevocable, royalty-free, transferable, worldwide, and we'll not be required to obtain your permission for any such use or attribute any content to you.
In submitting content to Your Community, you expressly release us from any and all present and future claims that we have made unauthorised use of your idea.
Your Community and all content on it (including all Tesco Bank logos, trademarks, the look and feel of Your Community, and content posted or communicated by other users) remains the intellectual property of Tesco Bank and/or our licensors and, in the case of content posted or communicated by other users, the relevant user(s). You may not use any such content for any purpose other than to access and use Your Community as envisaged by, and in accordance with, these Terms of Service.
Security
We do not warrant that Your Community is secure, free from bugs, viruses, interruptions, errors, or other limitations. Any content that you place on Your Community is posted at your own risk, and could be obtained and used by others. You should think before posting or communicating any personal or financial details about yourself on Your Community. You should not reveal information that you don't want to make public, such as posts or communications including your contact information or email address. We'll not be responsible or liable for any loss arising from your disclosure of personal information, or any other information, in any profile, post or communication.
Privacy
We ask that you do not post any personal information to Your Community, such as your full name, contact details or account numbers. We also ask that you do not post personal information about others, or ask others to disclose their own personal information on Your Community. In some specific and rare circumstances we may offer you the option to provide us with personal information via the private messaging function of Your Community. You will not be under any obligation to do this, but it may assist us in helping you.
Consent
By using Your Community and accepting these Terms of Service, you consent to the collection, use, disclosure, storage and processing of your personal information in accordance with these Terms of Service and Tesco Bank's web privacy policy.
Access and correction
We reserve the right to instruct the moderators to remove any posts in Your Community containing phone numbers, street addresses, or otherwise personally identifying information on the grounds that we're not able to verify the information as being your personal information or that of a third party.
By submitting your email address to register, you agree that our third party service providers and the moderators may use your email address to contact you directly about your profile or any content you post on User Community and for other administrative purposes related to Your Community.
You further agree that if you wish to collect or use information or content posted or relating to other Your Community users, you must first obtain the relevant user's consent and make it clear that you (and not Tesco Bank) are collecting their information, the reason for which you're collecting their information and explain the purpose for which the information will be used.
Indemnification
You agree to indemnify, defend, and hold harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the House Rules or claims arising from your content or conduct. 'Indemnified Parties' includes us, the moderators, and all respective officers, directors, owners, employees, agents, representatives, and assigns.
You agree to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate legal representation and assume the exclusive defence and control of any matter subject to indemnification by you.
All third party content (content posted or communicated by registered users including any content) is the sole responsibility of the registered user posting or communicating the content. You acknowledge and agree that we don't control and are not responsible for the third party content. As such, you shall fully indemnify us against any claim (including solicitor fees) arising out of content you post or otherwise make available on Your Community or your use of Your Community.
Limitation of liability
You agree that, to the maximum extent permitted by law, at no time will we (including our officers, directors, owners, employees, agents, representatives and assigns and the moderators) be liable for any costs, direct or indirect loss or damages, consequential loss, howsoever arising out of your use of Your Community, the content you or other users post or otherwise make available on Your Community (including, but not limited to, damages relating to loss of business, loss of money, telecommunications matters, exposure to any form of virus, bugs or such other malicious code, theft, damages or other losses you or any third party may suffer) regardless of whether the claim is based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise.
Choice of law and location for resolving disputes
You agree that the laws of Scotland govern these Terms of Service and any claim or dispute that you may have against us will be resolved in Scottish courts only.
Modifying these Terms of Service
We reserve the right, in our sole discretion, to modify these Terms of Service at any time without notice. Modified Terms of Service are effective as soon as they are posted. We also reserve the right to waive or modify any of these Terms of Service as they apply to a specific posting, communication or user without affecting the application of these Terms of Service to all other postings, communications and users. Your continued use of Your Community, or any content or services accessible through it, after modified Terms of Service are posted means you accept the modifications. We may also make any changes to the look and feel of Your Community at any time without notice.
CarolineD
