Section 75 refunds - article discussion

Kris35

Thanks Fletchasketch. I'm just wondering if the bank will then try to get the money from the company. It just seems strange that because of a companys shoddy and unusable work, the banks have to pay up. I mean, not that I'm complaining. I will give it a go.

Kris35

Another question please: I want the money back for a website that was built for me that I cannot use. The web dev company play a game of dragging things out so the client will go away. Last time I had contact with them was around six weeks ago when they said they would sort it out "soon". They do this all the time. So my question is - will I have to prove to my bank that the website is unusable? I have all email contact from the start of the doomed project but maybe the bank will refuse or want proof? Its not like I actually have faulty goods sat in my lounge if you see what I mean?

I assume the bank then go after the web dev company but what happens if they dispute my claims?

There are several people suing this company but I want to know if this should be a straight forward case. What if the bank contact the web dev company first and the company dispute that I cant use the website they built for me? Am I even making sense?

randombirdpr

Hi all,

I have bought a designer jacket - Belstaff - from an overseas retailer and it has arrived and is an obvious fake.

I can't wear it and I am gutted - can I claim the money back from Lloyds Bank my credit card provider? I bought it with their card and reading the guide on MSE it seems I am covered.

What do you think I should do - try the retailer or just go straight to Lloyds?

Thanks very much for your help.

I'm off to Bicester Village this weekend to buy the genuine article! I have wanted one for years and been saving up, but tried to get a good deal..

Just shows that when things look too good to be true they generally are!

Thanks

Kris35

But where do I send the letter to please? Would I need to send it to Barclays bank HQ's does anyone know?

Thanks,

Kris

derrick

Kris35 wrote: »

But where do I send the letter to please? Would I need to send it to Barclays bank HQ's does anyone know?

Thanks,

Kris

This sounds like a business you are setting up, is it?

If so Section 75 will not be applicable as it is designed for consumers not businesses.

The clue is in the name of the Act: - Section 75 of the Consumer Credit Act 1974.

.

Kris35

Erm. Its for a product/service I brought. I have been told on these boards that I should try it so if someone can answer the question thatd be great lol. I am a consumer. The clue is in my previous posts.

Kris35

How am I not a consumer if I paid for a service/product?

derrick

Kris35 wrote: »

How am I not a consumer if I paid for a service/product?

I asked if you where a business, spending £3000.00 on a website suggests such, and if so you are not a consumer under the Consumer Credit Act 1974, this is aimed at consumers,(members of the public purchasing from a business/trader) and NOT businesses!

Kris35 wrote: »

Hi all. I had a website built for me which I paid £3000 on my credit card for. I cannot use the site and I cannot get a solicitor interested to bring a case against the company because the case isn't for a large enough sum of money.

Regarding section 75 - can I try and get the money back from the credit card provider without taking action against the website comapny itself? It seems a bit unfair really because it isnt the banks fault? But still - they take money from us so I might give it a shot? Im also considering taking the comapny to the small claims court but I need to look into this.

Thanks.

Kris35 wrote: »

Thanks Fletchasketch. I'm just wondering if the bank will then try to get the money from the company. It just seems strange that because of a companys shoddy and unusable work, the banks have to pay up. I mean, not that I'm complaining. I will give it a go.

Kris35 wrote: »

Another question please: I want the money back for a website that was built for me that I cannot use. The web dev company play a game of dragging things out so the client will go away. Last time I had contact with them was around six weeks ago when they said they would sort it out "soon". They do this all the time. So my question is - will I have to prove to my bank that the website is unusable? I have all email contact from the start of the doomed project but maybe the bank will refuse or want proof? Its not like I actually have faulty goods sat in my lounge if you see what I mean?

I assume the bank then go after the web dev company but what happens if they dispute my claims?

There are several people suing this company but I want to know if this should be a straight forward case. What if the bank contact the web dev company first and the company dispute that I cant use the website they built for me? Am I even making sense?

Kris35 wrote: »

But where do I send the letter to please? Would I need to send it to Barclays bank HQ's does anyone know?

Thanks,

Kris

Kris35 wrote: »

Erm. Its for a product/service I brought. I have been told on these boards that I should try it so if someone can answer the question thatd be great lol. I am a consumer. The clue is in my previous posts.

I can see nothing in your previous posts, (all quoted), that makes you a consumer under the Act as against a business!

Kris35 wrote: »

How am I not a consumer if I paid for a service/product?

If you purchased as a business then you do not qualify as a Consumer under the Act!

Please confirm if you purchased as a business venture or not as the advice will be significantly different!





.

Kris35

I probs owe u an apology - sorry, got sick cat here, can I blame it on that? Ok, I act as a sole trader. THe website that was built, I couldnt use and had to have it made elsewhere. Im not a registered business either as its only just up and running. Thanks.

nickfury

Hi, I am not sure if this has been covered before, but does section 75 apply if you pay for goods with a loan that has been arranged by the company that has defaulted?