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No Debtor-Credit-Supplier relationship, Section 75 of the Consumer Credit Act 1974

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  • No Debtor-Credit-Supplier relationship, Section 75 of the Consumer Credit Act 1974

    Two years ago, almost to the day, I had a hair transplant. Due to my financial situation at the time, my father acted as a guarantor for a credit agreement that was implemented to pay for the surgery, on a monthly basis.

    The surgery was a failure; and it has since transpired that the company that provided the treatment has now gone bankrupt, following accusations of corruption and financial, as well as medical, mismanagement/malpractice. The illegal actions of this company has been highlighted by many national publications - The Times, The Guardian, The Telegraph etc etc - as well as featuring in a segment for BBC News. I am currently taking legal action against the the company (or what's left of it) and my legal team expect success on this front.

    My issue lies with the bank that provided the credit. Upon highlighting the legal status of the providers of the hair transplant to the bank, they initially accepted equal responsibility and put my monthly payments on hold while they investigated the issue. 3 months later they came back to me stating that as your father entered into a loan with the bank and because he was not the person who had the treatment, there is no debtor-credit-supplier relationship and therefore Shawbrook is not liable under Section 75 of the Consumer Credit Act 1974 in respect of the treatment provided and as such, I am required to continue making the payments (via my father) for my failed treatment.
    Essentially, they are circumnavigating responsibility - stating that because the agreement is between my father and the bank they are not responsible.

    Is there anyway around the banks claims of zero responsibility due to no debtor-credit-supplier under Section 75 of the Consumer Credit Act 1974?

    Any help would be greatly appreciated

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  • #2
    Originally posted by brockvilleb View Post
    Two years ago, almost to the day, I had a hair transplant. Due to my financial situation at the time, my father acted as a guarantor for a credit agreement that was implemented to pay for the surgery, on a monthly basis.

    The surgery was a failure; and it has since transpired that the company that provided the treatment has now gone bankrupt, following accusations of corruption and financial, as well as medical, mismanagement/malpractice. The illegal actions of this company has been highlighted by many national publications - The Times, The Guardian, The Telegraph etc etc - as well as featuring in a segment for BBC News. I am currently taking legal action against the the company (or what's left of it) and my legal team expect success on this front.

    My issue lies with the bank that provided the credit. Upon highlighting the legal status of the providers of the hair transplant to the bank, they initially accepted equal responsibility and put my monthly payments on hold while they investigated the issue. 3 months later they came back to me stating that as your father entered into a loan with the bank and because he was not the person who had the treatment, there is no debtor-credit-supplier relationship and therefore Shawbrook is not liable under Section 75 of the Consumer Credit Act 1974 in respect of the treatment provided and as such, I am required to continue making the payments (via my father) for my failed treatment.
    Essentially, they are circumnavigating responsibility - stating that because the agreement is between my father and the bank they are not responsible.

    Is there anyway around the banks claims of zero responsibility due to no debtor-credit-supplier under Section 75 of the Consumer Credit Act 1974?

    Any help would be greatly appreciated
    Hi there

    S75 is something i deal with on a daily basis, i was responsible for Malouf v MBNA which was all about s75 CCA.

    Do you have a copy of the agreement, it may be that your father is able to claim under s75, at this stage i dont know so could you possibly post the agreement with personal details redacted so we can see what the transaction looked like
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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