Credit card company in breach of section 75

MPH80

Instead of being obtuse - why not just actually spell out the specifics?

I think you've said:

I booked myself on a course I believed led to qualification X. I was actually on a course to qualification Y which would THEN lead on a further course to qualification X. I was unhappy about this and want to claim against my credit card.

If that is the case - then I think that unless either:
a) The course was not as described when you signed up and you have clear evidence of this or
b) your contract for the course clearly stated what outcomes were possible or what was being taught

you're going to really struggle.

I agree with the others - you are simply not being clear. Tell us the exact circumstances and we can help.

I also agree that the chances are that now you've gone ahead with the court action, the credit card company is likely to side with the judge and say 'nothing to claim'.

From Martin's own page about s75:

75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

I fail to see, at the moment, if you are going under 'unfair contract terms' this is either a misrepresentation or breach of contract. If you believe the terms are unfair - then there (effectively) was no contract, not that there was a breach.

For S75 to kick in you need to show that the course was not as advertised (which apparently you tried and failed) or they failed to deliver their contract - which I suspect they didn't as you did attend the course.

M.

chattychappy

OP - you're not a law student, by any chance?

[Deleted User]

chattychappy wrote: »

OP - you're not a law student, by any chance?

Or a driving instructor, if that covoluted analogy is anything to go by?

ILW

pop_gun wrote: »

The course wasn't provided per the terms and conditions for the course. If a customer makes a complaint and the seller does nothing to rectify the matter being complained about, then i have a claim against the seller.
Liability also falls on the credit card company as they are equally liable. It's the reasonableness of claiming for cost. I'm looking for a legal precedence.

My earlier analogy was meant to show the terms of the contract were inherently unfair. my current claim uses the unfair contract terms act 1977.

You seem to be tying yourself in knots.

Are you saying the contract was unfair, or are you saying the contract was not fulfilled?

These are two separate issues.

pop_gun

ILW wrote: »

You seem to be tying yourself in knots.

Are you saying the contract was unfair, or are you saying the contract was not fulfilled?

These are two separate issues.

The contract was unfair and it wasn't fulfilled. My opening question is whether it is reasonable to claim costs in respect of the court order. please note the original claim was never argued it was struck out. i realise my question is a little too technical for a forum such as this but i was hoping the topic had already been raised.

jonnyd281

OP does this post relate to you failing after an intensive HGV driving course?
What grounds are you going back to court on (and what grounds did you go in the first place), since your original claim was thrown out.

TadleyBaggie

jonnyd281 wrote: »

OP does this post relate to you failing after an intensive HGV driving course?

I think so: https://forums.moneysavingexpert.com/discussion/2657379

That thread end up in confusion because the OP never answered any of the questions asked.

System

TadleyBaggie wrote: »

I think so: https://forums.moneysavingexpert.com/discussion/2657379

That thread end up in confusion because the OP never answered any of the questions asked.

I also think that https://forums.moneysavingexpert.com/discussion/2604533 puts things in perspective in that maybe the OP is not cut out to drive large vehicles

molerat

https://forums.moneysavingexpert.com/discussion/comment/34872999#Comment_34872999 gives a bit of background as well

edit..... just beat me to it

pop_gun

TadleyBaggie wrote: »

I think so: https://forums.moneysavingexpert.com/discussion/2657379

That thread end up in confusion because the OP never answered any of the questions asked.

Try answering MY question. Hows that for a start?