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Goods after section 75 claim

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  • Goods after section 75 claim

    Hi, wondering if anyone has experience around what happens with the goods in question after a successful section 75 claim.

    Someone I know is about to accept a claim offer in regards to a vehicle for which a partial deposit was paid by using the credit provider. The dealer ceased trading last year and this has taken in excess of 6 months. What would be the normal route in terms of what happens the vehicle as this has not been discussed by the card provider, does anyone have a previous experience?

    Thanks
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  • #2
    Originally posted by leep1990 View Post
    Hi, wondering if anyone has experience around what happens with the goods in question after a successful section 75 claim.

    Someone I know is about to accept a claim offer in regards to a vehicle for which a partial deposit was paid by using the credit provider. The dealer ceased trading last year and this has taken in excess of 6 months. What would be the normal route in terms of what happens the vehicle as this has not been discussed by the card provider, does anyone have a previous experience?

    Thanks
    In principle the car becomes the property of the finance house, if the finance house doesnt want the car back then it will remain your property in theory.

    I dealt with Mal'ouf v MBNA where the Court found in favour of Mrs Mal'ouf and ordered a refund of the credit, however she still retained ownership of the land in question.
    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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