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How to make a claim under Section 75 Consumer Credit Act

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  • How to make a claim under Section 75 Consumer Credit Act

    Section 75 protects customers against misrepresentation or breach of contract by a retailer. Items with a value of between £100 and £30,000 where any part of the cost is paid for on your credit card are covered. You can pursue a claim against the retailer or your credit provider. Evidence, such as copies of contracts, will be required to support your claim. You should start by complaining to the retailer and send copies of that complaint toyour credit card provider if the retailer won't help.

    For section 75 to apply, certain conditions must be met. Most credit card purchases will be covered, but:
    • the cash price of the goods or services must be more than £100 and not more than £30,000; and
    • purchases are not covered if they are made by debit cards or by charge cards (where the monthly bill has to be settled in full).



    Section 75 does not, in itself, provide grounds for a claim against a supplier. Customers must have a valid claim of breach of contract or misrepresentation under other law, such as the Sale of Goods Act or the Misrepresentation Act. If they do, then they have a like claim against the card provider for the full amount of the claim.

    The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit.

    So, for example, a customer who pays a deposit for goods - using a credit card issued by firm A - and then pays the balance using firm B's card, has the choice of claiming for the cost of goods and any consequental losses against:

    the supplier of the goods;
    firm A;
    firm B; or
    all three.

    But of course, the customer cannot recover the same money twice.


    EXAMPLE LETTER

    Dear Sirs,


    Account: XXXXXXX


    Re: XXXXXX SUBJECT OF ENQUIRY XXXXX


    Consumer Credit Act 1974 (as amended)


    I am writing to you regarding a problem I have with the goods that I bought from ORIGINAL SELLER/MANUFACTURER on DATE at a cost of £XXX, using my credit card.


    OUTLINE WHAT THE PROBLEM WAS. Please also find enclosed copies of letters that I have already sent to ORIGINAL SELLER/MANUFACTURER to try and sort this problem out.


    As you supplied the credit for this purchase, I hold you jointly and severally liable for the breach of contract with ORIGINAL SELLER/MANUFACTURER under section 75 of the Consumer Credit Act 1974.


    You therefore have a duty to offer me the same solution to the problem as I have already asked ORIGINAL SELLER/MANUFACTURER to provide. Please see the attached letters for details of what I would like you to do.


    I look forward to hearing your response within the next 14 days.


    Yours sincerely



    YOUR NAME




    BARCLAYS

    To progress with a claim please call them on 0844 822 2405 from 7am to 9pm Monday or Friday and 8am to 6pm on Saturday.


    SANTANDER

    What are my rights under section 75 of the Consumer Credit Act 1974?

    If you have paid for goods or services on your Santander Credit Card, in the UK or abroad, you may have the right to bring a claim against us under section 75 for a refund. This applies whether you have paid the full amount, only the deposit or made a partial payment on your credit card.

    We are jointly responsible with the supplier to provide you with a refund for goods or services in the following situations:

    1. The supplier ceases trading and goods fail to arrive; or
    2. The goods are faulty or the service or goods were not what you expected; or
    3. You were persuaded to buy goods or services on the basis of incorrect information.

    Before contacting us to discuss a potential claim, you must first answer yes to all of the following five questions:

    1. Did you purchase the goods using your credit card? (Note – debit cards do not give you section 75 protection)
    2. Did you, the primary cardholder, purchase the goods or services? (Note –If the purchase was made by an additional cardholder on your account, you can still contact us to make a claim if you benefited from the purchase (such as a family holiday))
    3. Did the individual goods or services cost more than £100 and not more than £30,000?
    4. Did you pay the supplier of the goods or services directly using your credit card? (Note – if you paid a third party such as a travel agent or PayPal then you may not have section 75 protection)
    5. Did you pay for the goods or services within the last 6 years?

    If you can answer yes to ALL 5 questions, then please call 0845 602 1582 (Mon –Sun 7am -11pm).

    LLOYDS

    Credit cards are covered by Section 75 of the Consumer Credit Act 1974.

    Under the act, a credit card issuer and the retailer have joint responsibility for your purchase if there is a breach of contract or misrepresentation – for example, if the item is faulty or the company goes bust before you receive your goods. Plus, Section 75 can even give you protection for any costs that you incur as the result of the breach of contract by the retailer.

    Certain conditions have to be met for Section 75 to apply, for example, the purchase needs to be over £100 and under £30,000.

    0845 3000 000 If you prefer not to use our 0845 number, you can also call us on 01733 347007. General enquiries open 24/7
    Common Sense .... if in doubt, use it !

    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com
    Tags: None

  • #2
    Re: How to make a claim under Section 75 Consumer Credit Act

    Excellent. For completeness, if the requirements of section 75 don't fit the bill.
    If the amount is oveR 30000 for instance and the other criteria apply it may be worth looking at section 75a.
    It was introduced by the EU amendments and covers a little more of the ground relating to linked agreements for specific purposes.

    http://www.legislation.gov.uk/uksi/2...lation/25/made

    Comment


    • #3
      Re: How to make a claim under Section 75 Consumer Credit Act

      Thanks Andy. Working through first post adding the different card providers info and contacts over next few days.
      Common Sense .... if in doubt, use it !

      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

      Comment


      • #4
        Re: How to make a claim under Section 75 Consumer Credit Act

        Originally posted by andy58 View Post
        Excellent. For completeness, if the requirements of section 75 don't fit the bill.
        If the amount is oveR 30000 for instance and the other criteria apply it may be worth looking at section 75a.
        It was introduced by the EU amendments and covers a little more of the ground relating to linked agreements for specific purposes.

        http://www.legislation.gov.uk/uksi/2...lation/25/made
        Would you happen to have any more precedent material on Section 75A claims? There seems to be relatively little material on the internet concerning precedent, process and claims under Section 75A.

        Thank you

        Comment


        • #5
          Re: How to make a claim under Section 75 Consumer Credit Act

          Originally posted by dossier View Post
          Would you happen to have any more precedent material on Section 75A claims? There seems to be relatively little material on the internet concerning precedent, process and claims under Section 75A.

          Thank you
          What sort of material are you looking for, if you are still wanting it?
          DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.

          Comment


          • #6
            Re: How to make a claim under Section 75 Consumer Credit Act

            Originally posted by R0b View Post
            What sort of material are you looking for, if you are still wanting it?
            Thanks. I can find almost nothing "out there" on Section 75A claims and how one makes one, what precedent for these are, etc.

            Comment

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