Section 75 time limits

[Roadrage]

Hi, Does section 75 apply if the loan for services has been repaid?

[Pezza54]

Yes. Many customers pay their credit card debit balance in full each month. They are still entitled to make a Section 75 claim provided the contract value for the services is over £100 and under £30k

[Pezza54]

What's more, if the customer paid a small deposit by credit card for a contract £29k and the services contractor defaulted then the customer can still make a S75 claim.

[Roadrage]

Perfect :-) Thank you PEZZA54

[MaryS57]

To add to this helpful thread: Please may I ask whether a claim under section 75 needs to be made before 6 years from the date of purchase? or is there no time limit as to when a section 75 claim can be made?.

This is relevant where there is a latent defect in construction e.g. of a new caravan. This defect weakens (and ultimatley cracks) the outer panels leading to damaging water ingress - which is fatal for a caravan.

[des8]

To add to this helpful thread: Please may I ask whether a claim under section 75 needs to be made before 6 years from the date of purchase? or is there no time limit as to when a section 75 claim can be made?.

This is relevant where there is a latent defect in construction e.g. of a new caravan. This defect weakens (and ultimatley cracks) the outer panels leading to damaging water ingress - which is fatal for a caravan.

Limitation Act applies, so yes basically a 6 year time limit

[MaryS57]

Thanks for clarifying this.

[Roadrage]

Hi again, in addition to MARYS57’s question, does the limitation act still apply in the case of a breach of contract where the breach has only just been committed?

[atticus]

Yes, the Limitation Act 1980 applies. In cases for breach of contract, the limitation period is 6 years from the date on which the cause of action arose, this usually being the date of the breach of contract.

[Roadrage]

Thank you ATTICUS, I think I understand. But to give the issue some context, an annual maintenance fee is paid for the benefit of a (dreaded) timeshare week at a home resort. The timeshare company has recently cancelled my maintenance payment as it intends to cancel the contract, which in theory does not finish until 2069. Under these circumstances, could I claim section 75 against the original loan provider, or do I have to pursue a breach of contract with the timeshare company? The loan was repaid over 20 years ago, but I still have the loan agreement details which was sold as part of the timeshare agreement. Thank you very much for your help.

[atticus]

this calls for professional advice