help section 75 claim refused. what are my rights

mighty_hammers

hi i was making a section 75 claim through Tesco credit card. They have refused it because the car is in my husbands name but I paid 25% of the car on my card, but they say I can not claim. I was of the understanding I could claim. Does anyone know, I have read the exceptions rule, but it is not clear.

dazza.mk

mighty_hammers wrote: »

hi i was making a section 75 claim through Tesco credit card. They have refused it because the car is in my husbands name but I paid 25% of the car on my card, but they say I can not claim. I was of the understanding I could claim. Does anyone know, I have read the exceptions rule, but it is not clear.

It is a slightly grey area, but I doubt they can reject it purely for that purpose. Are you insured to drive the car? as that would be an obvious proof that it was more a joint purchase (just registered in your husband's name)

mighty_hammers

yes I am a named driver,i have an old Corsa so we go out in his car. i have reported a dispute with Tesco through the ombudsman but that takes 8 weeks. I was on another site and i don't know if my husband should try claiming through his visa debit card. Also on the Savvy woman's site, a guy said he paid for his brother in laws conservatory, and he might be able to dispute the credit cards refusal. As you say it is a grey area.

dalesrider

mighty_hammers wrote: »

I was on another site and i don't know if my husband should try claiming through his visa debit card.

On what basis would you be disputing the purchase. No CCA on debit card purchases.
I would advise him to talk to his cards disputes team to see if there is any way forward.

You might not like to hear this. But nice to see card providers rejecting claims when there is no debtor/creditor link.

derps

If the contract is in your husband's name, but it wasn't financed with his credit card, then on the face of it the transaction would not be a so-called "debtor-creditor-supplier" arrangement as required for a claim under s.75.

I assume this is the reason they declined your claim. If not, please give more details and people will be able to help.

If the only credit card used was issued to someone other than the person named on the contract as the purchaser of the car, then s.75 wouldn't apply.

If, however, you can prove to Tesco (or the Financial Ombudsman) that you are a named driver on the insurance by sending them copies of the documentation, you could easily argue that the contract was made by your husband for your joint benefit.

This way, the "debtor" of the credit agreement (you, as you owe money to Tesco, the "creditor") is related to the transaction and therefore to the "supplier" and the "debtor-creditor-supplier" relationship is re-established.

This will overcome this hurdle but please remember that you still need to prove all the other elements of a valid claim.

We can't really advise you on that until we know what the problem with the car is. Whether or not Tesco is liable to you under s.75 will depend on a lot of things regarding the original problem you are complaining about.

mighty_hammers

"debtor-creditor-supplier" this is the reason they gave. but we bought the car together and a car can only have one person named on the log book. the car developed a serious fault within the 6 month period, hense the claim under section 75. the power steering failed and cost £1400.00. I shall send tesco a copy of the insurance with my name on and see what they say. thanks