Section 75 - CC Co Not Playing Ball

PhoenixDaCat

Hi

I've been helping a friend make a Section 75 claim against her CC company. She purchased a car part from a company, which is still trading, which turned out to be faulty. The company replaced the faulty item, with another faulty item. They refused to acknowledge that the second item could be faulty, and became abusive in communications.

So she made a claim against her card issuer.

Initially they responded saying there was no claim to be made under Section 75. We persevered.

They have now responded saying that there is a claim, but because the supplier is still trading, we have to take the supplier to court, but they will support any court action. I don't believe this to be correct. My reading of Section 75, and the article here on Section 75, leads me to believe that this is not the case.

I've found an article on the Financial Ombudsman site which would support this, in which it is stated

Firms will sometimes tell customers that they must first get a court judgment against the supplier. That is wrong. The customer can choose whether to claim against the supplier, the card issuer, or both.

In a case reported in issue 21 of ombudsman news (case study 21/11), we awarded a customer £250 compensation for the inconvenience a firm caused by repeatedly, and incorrectly, telling him that it was only required to meet his claim if he first obtained a court judgment against the supplier.


However, this article is 8 years old, and I don't know if the position has changed.

Could anyone advise please?

Thanks

Will

pmduk

I think that that financial ombudsman advice still stands. Certainly if you were to go to court you'd be suing the cc company as well as the dealer. I'd make the cc company aware of this and start their formal complaints procedure with a view to referring it to the Finasncial Ombudsman

wealdroam

Read about Section 75 Refunds here.

There's even a sample letter to write to your cc co.