Section 75 refunds - article discussion

derrick

Kris35 wrote: »

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.

As a sole trader you are a business, you have no redress under S75, I would suggest a Letter Before Action, (LBA), to the company and if no joy you will need to take action in the small claims court against them, it is a very simple procedure and there are court fees to pay but all refunded if you are successful in your case.

Good luck.

.

EddieWhitesocks

derrick wrote: »

As a sole trader you are a business, you have no redress under S75, I would suggest a Letter Before Action, (LBA), to the company and if no joy you will need to take action in the small claims court against them, it is a very simple procedure and there are court fees to pay but all refunded if you are successful in your case.

Good luck.

.

I'm afraid that Derrick is giving you false information Kris. The Consumer Credit Act 1974 states that it regulates “Consumer credit agreements with individuals”. Section 189(1) of The Consumer Credit Act 1974, goes on to clarify the meaning of ‘individual’, for the purpose of the act:

The definition of 'individual' for the purpose of this act includes:

a) a partnership consisting of two or three persons not all of whom are bodies corporate; and
b) an unincorporated body of persons which does not consist entirely of bodies corporate and is not a partnership.

Therefore, sole traders and small partnerships ARE considered to be an 'individual' for the purpose of the CCA 1974, and can claim under S75 as a result.

If you require confirmation, check out the OFT website.

EddieWhitesocks

Kris35 wrote: »

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

You are, please see my earlier post, hope it helps.

Kris35

Thanks EddieWhitesocks. I will let this thread know of the results.

Kris35

Thanks Derrick but I'm going to give it a go.

antrobus

EddieWhitesocks wrote: »

I'm afraid that Derrick is giving you false information Kris....

I suspect that Derrick is half right and you're half wrong.

I believe that it's the legal status of the credit that matters, i.e. the relationship between Kris35 and the credit card provider. If Kris35 paid the website company £3,000 using his own personal credit card, then s75 might well apply. It will not apply however, if the payment was made using a business credit card, because the CCA does not apply to business credit.

EddieWhitesocks

antrobus wrote: »

I suspect that Derrick is half right and you're half wrong.

I believe that it's the legal status of the credit that matters, i.e. the relationship between Kris35 and the credit card provider. If Kris35 paid the website company £3,000 using his own personal credit card, then s75 might well apply. It will not apply however, if the payment was made using a business credit card, because the CCA does not apply to business credit.

From the information provided Kris appears to have used a personal credit card - but I could be wrong. However, if he did use a personal credit card, then CCA does apply, despite what the CC might say to try and put people off claiming.

I have just had a claim upheld, despite initially being told it didn't apply to me as I'd used the card to set up a small business. However, once I pointed out to them that the CCA did in fact apply to sole traders, they investigated and upheld my claim.

The CCA is meant to protect the 'little man' from being ripped off, and so that's why it does apply to smaller businesses, but not to bigger corporations.

Good luck to Kris who, from his information appears to have every right to make a claim.

Kris35

Yeah I used my personal credit card.

Hawk123

I was unwittingly misled into using the above site to submit my tax return when my intent was to use the proper Inland Revenue Gateway. It looked the same - if there were any warnings that have often been pointed out re them not being affiliated to HMRC blah blah then I certainly did not see them as the design of their page was designed to mislead. I have had no ouch with getting a refund of £500 from the Company - Tesco Credit card have refused my disputed transaction saying that I made a choice to use their website. This is my point - I didn't - I was misled and feel that this Company 'reasonably misrepresented' themselves which is why so many other people have fallen foul of this. I thought that 'reasonable misrepresentation' by a retailer was covered under this act? any comments or advice appreciated as I feel that it is worth taking this to the Small claims court. No smart comments about what their website NOW says please - it has been taken down and modified at least once - and I am convinced I was taken to a 'landing page' which was straight to the tax return form rather than their 'home page'. Even my husband checked my form who was convinced it was the same site as the 'proper' govt site as he had used the week before.

13thGh0st

Hi everyone, first time nooby here, looking for some advice. Bought a bed back in 2010 from dreams price over £1000. Paid on the credit card. 2.5 years later, it has developed a hard spine running up the middle of the matress, increasingly horrible nights sleep for last 6 months. More recently waking up aching if we get any rest at all..

Complained to dreams, they sent an inspector round, said it had dipped in both sides by 10mm but was no fault so no replacement / refund. I complained, to chairman and complaints dept. Reply was that independant inspector deemed matress no fault so nothing they could do for me.

Then went to MBNA who are underwriters for virgin creditcard I used to pay for the bed. I told them i wish to make a section 75 claim. They told me they have looked at dispute as a section 75 claim and someone rang me from bankofamerica?? to tell me ->, "unless we see a counter expert claim that matress is broken - we wont help / refund". No one is more of an expert of my matress than me! It is killing me, sometimes im sleeping on the couch or the floor! Ive asked her to put in writing the content of conversation but so far she hasnt done so.

Has Credit Card Company acted properly?

I have been in touch with furniture ombudsman now and im waiting to hear back. Im not too familiar with the law so would appreciate some help.

At my wits end with this and is approaching 6 weeks now since initial complaint was filed with dreams. Can anyone offer any assistance or advice?

I would be very greatful.

All the best
-V