Section 75 protection for delivery in 3 years' time

maa299

Can you rely on credit card payment to protect you 3 years down the line for non-delivery of goods? Not that the goods are faulty...just non-delivery, whether that's because the supplier's gone bust or just doesn't have the goods.

It's not clear to me...

wealdroam

Don't see why not.

The cc company are jointly responsible for performing the contract.

Have a look at the MSE Section 75 Refunds article.

maa299

Thanks but someone told me that Section 75 doesn't apply for goods that are due to be delivered in more than 6 months' time.

Is that right or wrong?

Annisele

It's often harder to prove something isn't true than that it is... However, I'm with weadroam - I don't see why not.

The text of section 75 is here (it refers to debtor-creditor supplier agreements, which are defined here). MSE has a guide on s75, which lists exceptions here. And finally the Financial Ombudsman Service publishes a guide to section 75, which doesn't mention any exceptions wrt goods due to be delivered in six months time.

mo786uk

My concern would be the reality of the card companies reaction should you make a claim for non delivery after 3 years

there is legal theory and there is reality. thry would most likely do everything they could to fob you off and not pay, so you would need some damn good evidence of everything that is happening with the order and how it will be delivered. if you are fearful of it not being delivered it may be worth considering getting the card company to confirm they will honour it to save you hassles later.

maa299

I should clarify that the goods in question are NORMALLY delivered after 3 years. It's wine that's not yet bottled (en primeur); it's still in the barrel at the chateau. It's essentially a form of futures.

The worry is that the wine merchant might either have gone bust by the time of delivery or that he doesn't get allocated the wine that he's supposed to deliver to you.

Do you think that that would be OK for a credit card company to invoke Section 75?

Thanks for all the replies!

unholyangel

maa299 wrote: »

I should clarify that the goods in question are NORMALLY delivered after 3 years. It's wine that's not yet bottled (en primeur); it's still in the barrel at the chateau. It's essentially a form of futures.

The worry is that the wine merchant might either have gone bust by the time of delivery or that he doesn't get allocated the wine that he's supposed to deliver to you.

Do you think that that would be OK for a credit card company to invoke Section 75?

Thanks for all the replies!

Section 75 basically gives you the same rights from the card company as you would have with the retailer. Providing the value is of course more than £100. The only exception i can think of that may be applicable is that the card company need to have a direct relationship with the merchant (ie not through paypal etc).

IMO as you would be able to claim from the merchant for non-delivery, then theoretically you should also be able to claim from your card company.

Has the payment already been made? If so, when?

gordikin

This sounds like a business transaction. Does that make a difference under s75?

maa299

Thanks again, this is a business transaction and payment is due to be made any day now.

bingo_bango

Depends.

Are you a partnership of 3 people or less, or a sole trader? If not one of the above then you are not an individual for the purposes of the Act and cannot therefore rely on S. 75

If it does apply, then yes you can claim 3 years down the line, even if it is a future transaction. You can't obviously claim in anticipation of a breach, only when the breach has actually occurred.

maa299

Oh sorry, then this isn't a business transaction in that sense. I'd be investing as a private individual.

In that case, Section 75 can be used even after 3 years, right?