Section 75 claim

jot80 · 9 March 2017 at 2:50PM

Help!!!!

I currently have a claim being processed under section 75 of the Consumer Credit Act.

I have today received a letter from the retailer saying if the decision goes in my favour they will start legal proceedings immediately!

What legal proceedings could follow? If the section 75 claim is upheld, what weight does that have?

Thanks.

theonlywayisup · 9 March 2017 at 2:55PM

What is the story relating to the claim?

martinsurrey · 9 March 2017 at 3:00PM

jot80 wrote: »

What legal proceedings could follow? If the section 75 claim is upheld, what weight does that have?

they would take you to court for the money they claim you owe them, it would not be hard for them to show you entered a contract with them, which then puts the onus on you to prove why you should not be liable.

the s75 claim is not dealt with by a judge, and has little bearing on the legal claim.

shaun_from_Africa · 9 March 2017 at 3:02PM

A section 75 claim is normally between you and the credit supplier (credit card company or finance company) so unless it was the store themselves that supplied the credit and it is them that you are pursuing the S75 claim against, I can't see that they would have a claim against you if you won.

What normally happens is that a consumer claims against the credit supplier then that credit supplier has the option whether or not to attempt to reclaim against the retailer.

Without further details of what the problem is and who supplied the finance, not much advice can really be given.

naedanger · 9 March 2017 at 3:03PM

jot80 wrote: »

Help!!!!

I currently have a claim being processed under section 75 of the Consumer Credit Act.

I have today received a letter from the retailer saying if the decision goes in my favour they will start legal proceedings immediately!

What legal proceedings could follow? If the section 75 claim is upheld, what weight does that have?

Thanks.

I don't think they would have any chance of winning.

If you win a section 75 case my guess is the agreement between the retailer and cc company allows the cc company to charge the claim back to the retailer.

Now the retailer may (rightly or wrongly) believe that in your case the reclaim was legally wrong. But in that event I think the retailer should be suing the cc company and not you. I don't see how you are liable. (While the cc company is jointly liable to you for any problems with the retailer, I do not believe you are jointly liable to the retailer for the cc company.)

jot80 · 9 March 2017 at 5:55PM

Thanks to those who have replied. The additional detail (summarised as quite a long story!) -

The retailer is a bathroom supplier who supplied and fitted a bathroom. The basis of the section 75 claim is due to me being overcharged - the initial estimate wasn't adjusted to account for the significantly reduced amount of work done. Despite my numerous requests, the company have also failed to provide a fully itemised final invoice which I asked for on multiple occasions. Only part itemised invoices were sent, then their final attempt was a 'back of a fag packet' style scrap of paper that was frankly laughable.

Tried to resolve it at every step, including an attempt to discuss it with them, however I have never dealt with such unprofessional and frankly confrontational businessmen (if they could even call themselves that). Needless to say they were not willing to enter into any reasonable conversation simply demanding full payment or threatening legal action.

After discussions with a well known credit card company, I paid the balance in full, then proceeded with the section 75 claim. When I paid it I did advise the retailer that I was paying under protest and that I would be raising a claim.

Fast forward to now, and after having sent full details to my credit card company they are processing the claim. They have, at present, credited my account to the amount disputed and had written to the retailers bank for more information. On the basis of the letter I received today from the retailer, they have applied a chargeback on their bank account pending the final decision.

Hope that helps to explain!

bris · 9 March 2017 at 6:46PM

S75 is not the courts, the retailer can sue you if they want. They simply put their evidence to the courts and you put yours. The courts will decide, they will not take the S75 into consideration and it will be judged on the evidence provided by both parties.

The S75 claim may very well fail and the money will be re credited to them, it's common to give the refund back to the customer until a decision is made so don't get your hopes up just yet.

jot80 · 9 March 2017 at 7:02PM

I appreciate S75 is not the courts! And that the claim may well fail in which case they will obviously have no legal case to proceed.

However, if the claim is upheld, as naedanger has posted above, I'm not clear if I'm liable (I paid the retailer in full) or if my credit card company is as they have pursued the claim and made the chargeback. Seems a range of opinions from here so far, each reply I appreciate, thank you.

naedanger · 9 March 2017 at 7:13PM

jot80 wrote: »

I appreciate S75 is not the courts! And that the claim may well fail in which case they will obviously have no legal case to proceed.

However, if the claim is upheld, as naedanger has posted above, I'm not clear if I'm liable (I paid the retailer in full) or if my credit card company is as they have pursued the claim and made the chargeback. Seems a range of opinions from here so far, each reply I appreciate, thank you.

My suggestion.

1) Wait for the outcome of your section 75 claim.

2) If you win then wait to see what the retailer sues you for. (I cannot see what that would be. You paid them in full. You did not make a chargeback against them. Their bank may have, in which case they should sue their bank if they think the chargeback was wrong.)

jot80 · 9 March 2017 at 8:17PM

Thanks.

I've been speaking to a friend who works at a different bank in section 75 claims dpt. She's said they've not raised if under S75 despite my request but they've done a chargeback under MasterCard and Visa rules. Clearly to limit the risk on them losing money.

So a call to the complaints team on the cards for tomorrow to check and complain if her opinion is correct, which I'm sure it is!

Gavin83 · 9 March 2017 at 9:19PM

jot80 wrote: »

Thanks to those who have replied. The additional detail (summarised as quite a long story!) -

The retailer is a bathroom supplier who supplied and fitted a bathroom. The basis of the section 75 claim is due to me being overcharged - the initial estimate wasn't adjusted to account for the significantly reduced amount of work done. Despite my numerous requests, the company have also failed to provide a fully itemised final invoice which I asked for on multiple occasions. Only part itemised invoices were sent, then their final attempt was a 'back of a fag packet' style scrap of paper that was frankly laughable.

Tried to resolve it at every step, including an attempt to discuss it with them, however I have never dealt with such unprofessional and frankly confrontational businessmen (if they could even call themselves that). Needless to say they were not willing to enter into any reasonable conversation simply demanding full payment or threatening legal action.

After discussions with a well known credit card company, I paid the balance in full, then proceeded with the section 75 claim. When I paid it I did advise the retailer that I was paying under protest and that I would be raising a claim.

Fast forward to now, and after having sent full details to my credit card company they are processing the claim. They have, at present, credited my account to the amount disputed and had written to the retailers bank for more information. On the basis of the letter I received today from the retailer, they have applied a chargeback on their bank account pending the final decision.

Hope that helps to explain!

So just to be clear here what work was reduced? Did they fail to complete the job or did they just find they didn't need to do as much as expected, or it took less time? Are you happy with the work they did?

If the S75 claim is successful how much would you have paid for the work they completed?

They are entitled to start legal proceedings against you, how successful they'll be will depend on the above.

Section 75 claim

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