Consumer Credit Act 1974 - Section 75 - paying off balance

helix_2

hi,

a couple of questions about the Consumer Credit Act 1974 - Section 75

not sure if this is the right area of the forum?


1. if I buy something on my credit card, then want to invoke the Consumer Credit Act 1974 - Section 75 because the goods are faulty, does paying of the balance on my card make any difference e.g. paying of the credit for the goods means that the credit card is not jointly liable any more?

2. How long does it typically take to persue a claim under the Consumer Credit Act 1974 - Section 75? when would I get teh money back.

3. Do I need to return the goods to the supplier in order to get my money back?


thanks

opinions4u

1) No.
2) Depends on the circumstances, but don't expect it to be quick.
3) In most cases, if the supplier is still trading, the credit card company will expect that supplier to deal with you directly and to resolve your dispute. So the return of the goods would be fair and reasonable in all cases.

Why should you expect to get reimbursed and keep the goods?

helix_2

opinions4u wrote: »

Why should you expect to get reimbursed and keep the goods?

thanks. What I mean is do I have to return the goods now, or can I wait till agreement re the refund is reached. The goods are a used car and although the garage have the car, it is registered to me, and I have a courtesy car. I don't really want to transfer registration back to them before I get the refund.

moonrakerz

helix wrote: »

The goods are a used car

You WILL have fun trying to get something back under section 75 on a used car - good luck !

I do not understand the "advice" given by opinions4u when he says "the credit card company will expect that supplier to deal with you directly"

If you invoke Sect 75 it is because you are getting nowhere with the supplier (for whatever reason) and you are then claiming against the Card issuer. If they refer you back to the supplier they are merely trying to avoid what Sect 75 puts upon them.

This is worth a read:-
http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

opinions4u

I do not understand the "advice" given by opinions4u when he says "the credit card company will expect that supplier to deal with you directly"

It wasn't advice. It was a statement suggesting that their first response will be to refer the customer back to the retailer.

helix_2

thanks both.

I will be trying to get a refund under the Sale of Goods Act 1979 first, but at the same time want to persue the CC company. The has been highly defective. I bought the car 2 weeks ago, and only had it one day before it broke down. They repaired it, and it broke down again within 10 miles.

Also the carpet smells really bad (didnt notice before I bought it becuase of the air freshner they used). Think the previous onwers spilt milk in it. the dealer tried to hide it.

opinions4u

This article in Which may be usful to you Helix.

ILW

helix wrote: »

thanks both.

I will be trying to get a refund under the Sale of Goods Act 1979 first, but at the same time want to persue the CC company. The has been highly defective. I bought the car 2 weeks ago, and only had it one day before it broke down. They repaired it, and it broke down again within 10 miles.

Also the carpet smells really bad (didnt notice before I bought it becuase of the air freshner they used). Think the previous onwers spilt milk in it. the dealer tried to hide it.

You will need to prove that the car was not of merchantable quality and that the dealer has not done everything within reason to resolve the problem before trying to invoke section 75.

helix_2

ILW wrote: »

You will need to prove that the car was not of merchantable quality and that the dealer has not done everything within reason to resolve the problem before trying to invoke section 75.

Under the SOGA 1979 it is for the merchant to prove the goods were of a reasonable quality and fit for purpose up to 6 months after purchase. Surely, if the merchant has breached the SOGA, then the CC company is also in breach irrespective of section 75?

ILW

helix wrote: »

Under the SOGA 1979 it is for the merchant to prove the goods were of a reasonable quality and fit for purpose up to 6 months after purchase. Surely, if the merchant has breached the SOGA, then the CC company is also in breach irrespective of section 75?

Not sure where the six months comes from. Would that apply to bananas?

helix_2

ILW wrote: »

Not sure where the six months comes from. Would that apply to bananas?

I suspect you're pulling my leg, but no, it's only for goods that should reasonably last that period of time. If i bought a toaster for example, I cold reasonably expect it to last for 6 months.

For a used car, like mine, it should not break down within a day, then once fixed break down again within a few miles for a similar issue.

Also the merchant should not hide a defect of the car (like the smelly carpets), that then becomes apparent within a couple of days.