Can I use a CCJ against a company to pursue a Section 75 claim on Credit Card?

[mickbr]

As the title suggests.* I've gone through the Money Claims Online route against a travel company for miss selling a holiday last year (2019).* *Won the case as they failed to respond and now have a CCJ ordering them to pay just short of £1500 (half the value of the holiday).* I payed for the holiday on a credit card and was wondering if instead of passing it to a High Court Enforcement company; whether it would be easier to use the CCJ as proof to get a Section 75 refund.

[R0b]

No, you can't and I'm not aware of any case law that allows for that.

Judgment is against the holiday company only and enforcement cannot automatically be transferred to the credit card company because they would not have had an opportunity to defend itself. True, the CC company would be jointly liable if the s.75 conditions have been met, but you should have joined them as a defendant to the claim.

Instead, you chose to pursue the holiday company only, which limits your chance of recovery if they have no assets to cover your costs. If you're thinking of issuing a separate claim against the CC company, then you might want to re-think that because it would be an abuse of process for issuing a claim that has already been determined. Of course you can be sneaky and not mention a CCJ obtained against the holiday company but if the CC company decided to join the holiday company as a defendant to proceedings, that's where you will likely get caught out.

Morale of the story, if you have a s.75 claim, always involved the CC company especially if you are going to issue legal proceedings.