Not upheld: Goods and services under S75 complaint against Barclays Bank trading as Tesco Bank

Decision detail

Summary

Mrs M complained that Tesco Bank unfairly handled her refund claim for entertainment park tickets purchased with a Tesco Bank credit card. She had accidentally booked tickets for February 2026 instead of later in the year and made a second booking after the merchant agreed to request a refund from the entertainment park provider. The merchant later attached conditions to the refund request that Mrs M considered unfair. The ombudsman found that Tesco Bank acted fairly in declining both a chargeback (as the original booking was non-refundable under published terms and no refund was guaranteed) and a Section 75 claim (as the statutory cash price requirement applies to individual items and the evidence did not establish misrepresentation or breach of contract).

The Ombudsman's reasoning

The ombudsman found that Tesco Bank correctly applied chargeback and Section 75 principles. For chargeback, there were no reasonable grounds for success because the original booking was non-refundable under D's published terms and D had only agreed to request a refund rather than guarantee one. For Section 75, the statutory cash price requirement applies to individual items rather than the total transaction value, and the evidence did not establish either a false statement of fact that induced the second booking or a breach of contract by D.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website