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Section 75 settlement insisting on paying onto credit card

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  • Section 75 settlement insisting on paying onto credit card

    I have finally been successful for a section 75 claim with my credit card provider. I purchased a kitchen and fitting that wasn’t completed due to the firm going insolvent. I paid £100 deposit using my Barclaycard. They have finally accepted the claim and have stated they will refund it to my credit card. I have a balance on my credit card due to a recent holiday purchase.
    the settlement amount far exceeds the balance and credit limit on my card. I have requested the settlement to be paid to a separate account, which Barclaycard are ignoring. They have stated they will clear the balance on my card and repay the difference to an account of my choosing.
    1. I can’t find anything that states this is the correct terms and conditions of the card.
    2. I am not in arrears with my credit card and am inline with my terms and conditions for spending and repayment.
    I have a coup,e of concerns around the way they are requesting the settlement is paid.
    1 I am concerned that if I accept their terms of offer and they subsequently decided to withdraw my line of credit I would still be left with insufficient money to replace the kitchen.
    2. Settlement due claim = £20k, balance outstanding on credit card £5k - leaves cash in bank £15k. If I didn’t want to use my credit card to pay for the next kitchen I have to either find £5k cash, or reduce my kitchen requirements.
    3. my outstanding balance is on a promotional offer, if they take part of my settlement to clear this, if I was to use the card again it is not in the same promotional offer, therefore putting me at a financial disadvantage.

    can they force the settlement to clear my outstanding balance, considering £100 was the original amount charged to the card?

    Thankyou
    Tags: None

  • #2
    They have agreed to pay you money; you owe them money. They have a right of set-off.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

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