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Section 75 - Valid Claim?

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  • Section 75 - Valid Claim?

    Ill try to keep this short but summarise the situation

    We purchased a static caravan which once occupied we found to have a series of a faults including a major issue with the floor.

    After weeks of back and forth with the company, whilst they looked for replacements, tried to make us pay more to upgraded they finally agreed to refund monies back to us (as well as giving our old static caravan back that wed part exchanged as part of the deal)

    We handed the faulty caravan back and given the keys back to the site manager, who has now completely washed her hands of it. The head office for the company who is meant to be handling the refund will not engage in conversation with us or confirm when we will get a refund back.

    The total sale was 32,000. The transaction was made up of 20k cash and 12k in a part exchange static

    I have the part exchange caravan back as my property however it's the 20K cash that I'm struggling to get back. As part of the 20K was paid on my barclaycard could I claim under section 75, or would the fact that the total value of 32K which includes the value of the part exchange go against me?

    Thanks
    Tags: None

  • #2
    As the total price of the van exceeds 30,000 a claim against Barclaycard will fail.
    Consumer Credit Act 1974 sec 75 (30 (b) https://www.legislation.gov.uk/ukpga/1974/39/section/75

    You will need to initiate a claim in the county court, and it will not be small claims track.

    was the agreement to refund in writing?

    Comment


    • #3
      Originally posted by des8 View Post
      As the total price of the van exceeds 30,000 a claim against Barclaycard will fail.
      Consumer Credit Act 1974 sec 75 (30 (b) https://www.legislation.gov.uk/ukpga/1974/39/section/75

      You will need to initiate a claim in the county court, and it will not be small claims track.

      was the agreement to refund in writing?

      Unfortunately not - the agreement to refund was verbal with the site manager on numerous occasions but since attempting to follow up with the main office in writing we've had no response

      So you would recommend going down to the route of the courts?

      Comment


      • #4
        It would seem that if you want your money returned you will need to take court action.

        As the claim falls outside the normal small claims track parameters, it will likely be allocated to fast track, which carries certain cost implications if you lose.

        Before commencing court action you need to ascertain that the company (was it a limited company?) have sufficient assets to pay when you win.

        I would suggest you commence by writing a letter (send it 1st class with free certificate of posting) setting out what has occurred, what was said re the refund and what you expect.
        Tell them that if you do not receive a satisfactory response within 14 days you will need to consider initiating county court claim.

        And see what comes back!

        Comment


        • #5
          A claim of 30k will undoubtedly be multi track. You're going to need an expert report on the defects I'd say too.
          I work for Wannops LLP . 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 Ptilley@wannops.com .

          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.

          Comment


          • #6
            Total price of van was 32,000, of which 12,000 was covered by part exchange.
            The van being part exchanged has been returned so claim will be for 20,000.
            I understand Multi track tends to start at 25,000.

            Comment


            • #7
              Sorry thought the claim was for 32k hence why I said multi track
              I work for Wannops LLP . 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 Ptilley@wannops.com .

              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.

              Comment

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