I bought a Carpetright gift card but it went bankrupt – can I get my money back? DEAN DUNHAM replies

I bought a Carpetright gift voucher for my son earlier this year but he can no longer use it as the store has gone out of business.

My credit card company rejected my claim under Article 75. I believe I received the gift card and therefore there is no breach of contract. T. Graham, via email.

Dean Dunham responds: When you purchased the gift voucher, Carpetright was contractually obliged to do two things.

First, the business had to send you a physical gift card or some other proof that your son now had actual credit that he could spend at the retailer. Second, the business had to accept the gift card/credit as payment for goods or services, to the value of the card.

It is clear that the second obligation has not been fulfilled, because the company has gone bankrupt. In these circumstances, there is therefore a breach of contract.

If there is a breach of contract in relation to the purchase of goods or services using a credit card, a claim may be available under Section 75.

If you meet the following three conditions, I believe your credit card company is in the wrong and should therefore pay you out.

Firstly, you paid Carpetright ‘directly’ for the gift card. There must be a direct link between the ‘debtor’ (you), ‘creditor’ (credit card provider) and ‘supplier’ (Carpetright) for Section 75 to apply.

Secondly, the value of the gift card was over £100. And thirdly, you have already complained to the administrators of Carpetright (in this case a company called PWC) and have received a letter stating that they will not refund the gift card or honour its value.

It is already common knowledge that PWC will not do this. If you do meet the above requirements and your card issuer continues to reject your Section 75 claim, your next step is to make a claim with the Financial Ombudsman Service, details of which can be found online.

If you do this, make sure you make it clear that there is a breach of contract.

Eon is sending bailiffs to collect money I don’t owe

My monthly energy bill with Eon tripled 18 months ago and I have been in dispute with the company ever since.

Earlier this year I was told my meter had expired and needed replacing, I assume this could be the problem.

Despite this EON have still not replaced the meter and have issued bailiffs to collect £6,000 in arrears that I do not owe. What can I do? I. McCarthy, via email.

Dean responds: If you have a dispute with an energy supplier about a bill that you consider to be too high, it is advisable to first investigate the reason for the increase.

This could be due to a number of factors, such as higher energy costs (which have been a common occurrence lately), higher energy consumption (perhaps you are using more energy than before because there are more people living in your home or because you are using new appliances), or you may have simply switched to a new tariff with higher prices.

However, a higher invoice can also be caused by incorrect meter readings or because your supplier switches from actual to estimated meter readings when drawing up the invoice.

First, compare with the previous year. Make sure you compare the same months each time, because energy consumption can vary per season.

Pass this information on to your energy supplier and ask for an explanation of the increase.

In your case, you should also ask the company for written confirmation that the ‘expired’ meter is not causing incorrect meter readings and therefore incorrect bills.

At the same time, you should ask your provider to freeze your accounts while they conduct the investigation and thus call back the bailiffs.

If this does not solve the problem, ask for a deadlock letter. This is a letter that contains your supplier’s final response to your complaint. With this letter you can file a complaint with the Energy Ombudsman.

When you file your complaint, make sure you include copies of all communications you have had with your energy supplier, specifically mentioning the fact that your meter has ‘expired’.

The more evidence you provide to support your argument that the higher bills are unjustified, the greater the chance of a successful outcome.