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Section 75 - help!

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Comments

  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ahhhh if you look at Martin's article on Section 75 the issue re: Group purchases are confused. Trading Standards say they are covered, Financial Ombudsman Service say they might not be (which is the line that has been taken here). If the vehicle was owned by ' the partnership' you probably do have an issue (unless you can show it was an asset of your Husband's used by the partnership rather than shared?)
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    How much are we talking about?
  • bunny26
    bunny26 Posts: 12 Forumite
    Nearly £4k.
  • A partnership is a completely different legal entity to your husband. A sole trader could be considered the same legal entity.
    Before you ask, yes, I work for a bank, but no, I didn't get a bonus!
  • ILW
    ILW Posts: 18,333 Forumite
    Does section 75 cover if the purchase was a commercial transaction?
  • chattychappy
    chattychappy Posts: 7,302 Forumite
    OK I need to ruminate on this. My "shoot from the hip" answer would be to sue Barclaycard and see what their defence is. I quite like suing people these days. You are nicely within the small claims track (as you know), though really this should have been brought as one action.

    You might win, Barclaycard might make an offer, or you could make an offer that they accept . If they just mount a robust defence then you could always decide to drop it at that stage. I feel it's too much to let go now and it seems there is no more mileage with the FOS.
  • bunny26
    bunny26 Posts: 12 Forumite
    I was told by Consumer Credit to find out about Barclaycard Visa's t & cs to see if it says anything like the example for a commercial visa card below regarding partnerships of four or more. There are two in the partnership, so I am trying to find out if I can get a footing on that basis!

    Please note that the Consumer Credit Act does not apply to
    corporate entities or partnerships of four or more partners.
    If you are a Limited Company, Limited Liability Partnership or
    other Corporate Entity, this agreement will not be regulated by the
    Consumer Credit Act. The above notices in the ‘Other Information’
    section, the withdrawal rights and Condition 8.2 will not apply.
  • bunny26
    bunny26 Posts: 12 Forumite
    You may be right, but it is all money, money, money. At this rate, if we did get a payout, it woudl go on court fees etc. lol
  • bunny26
    bunny26 Posts: 12 Forumite
    I'm not one to judge!
This discussion has been closed.
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