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Section 75 consumer credit act
Jules67
Posts: 1 Newbie
in Credit cards
I paid a deposit of 3500 euros, on my credit card, in order to enrol my son on a Pilot Training course. Part way through the course, the company went into liquidation. I am of the understanding that as I paid the deposit by credit card, I can claim against them. My question being - the total price of the course was 84500 euros, more than the £30000 limit. Can I still claim for up to £30000?
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Comments
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Why would you expect to get more than your deposit back?0
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Why would you expect to get more than your deposit back?
Why not ? I though that providing your purchase was over £100 you could just pay 1 penny by CC and still the CC is liable or jointly liable for the full amount (providing you have paid the full amount), is that not the way it works?'Just think for a moment what a prospect that is. A single market without barriers visible or invisible giving you direct and unhindered access to the purchasing power of over 300 million of the worlds wealthiest and most prosperous people' Margaret Thatcher0 -
I was under the impression that only the deposit had been paid.
May also be a problem with who the contract was with.0 -
Don't think the OP is asking for more than the deposit back.
The OP needs to speak to their card issuer, the upper limit for Section 75 claims is £30k as they state but if only the deposit has been paid they may deal with it as non receipt of service, depends how much of the course was taken and whether anything else was paid.0 -
Don't think the OP is asking for more than the deposit back.
The OP needs to speak to their card issuer, the upper limit for Section 75 claims is £30k as they state but if only the deposit has been paid they may deal with it as non receipt of service, depends how much of the course was taken and whether anything else was paid.
So why is he asking if he can claim up to £30k, my reading was that he had paid the deposit by CC and the balance (or part of) by other means.'Just think for a moment what a prospect that is. A single market without barriers visible or invisible giving you direct and unhindered access to the purchasing power of over 300 million of the worlds wealthiest and most prosperous people' Margaret Thatcher0 -
Jules you need to tell us whether the whole of the course has been paid.
If so then as the total is over £30k then S75 does not apply.
It is my opinion you can't claim up to £30k in this instance but I am not a lawyer.0 -
One issue I see, is that its 3rd party contract . the course was for their son, so no direct linkDon't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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I paid a deposit of 3500 euros, on my credit card, in order to enrol my son on a Pilot Training course. Part way through the course, the company went into liquidation. I am of the understanding that as I paid the deposit by credit card, I can claim against them. My question being - the total price of the course was 84500 euros, more than the £30000 limit. Can I still claim for up to £30000?
No you cant claim upto, when the cost is over.
Was the payment direct to the company providing the course?
Also as it was for your son. Then that is a opt out for the card provider. On S75.
What others have said is correct.
Talk to your card provider. Depending how much of the course has been provided. You might have a non reciept claim.
You don't mention how the balance was paid. If this was via a debit card then you might have a claim via this.Never ASSUME anything its makes a>>> A55 of U & ME <<<0 -
Answer to original question - No, you can't claim. Sorry.
If the cash price exceeds £30k then s75 CCA does not apply, regardless of how much was paid on a card.
http://www.legislation.gov.uk/ukpga/1974/39/section/75
(unless the course was split into separate parts each under £30k)
If the price was £30k - £60,260 (!) AND credit was taken specifically and explicitly for this purchase, then section 75A would apply which gives similar rights but puts more conditions on a claim
http://www.legislation.gov.uk/ukpga/1974/39/section/75A
Unfortunately since the course was bought on a CC, s75A wouldn't apply either.We need the earth for food, water, and shelter.
The earth needs us for nothing.
The earth does not belong to us.
We belong to the Earth0 -
Agree with thenudeone.
This appears to be true in this case:dalesrider wrote: »Also as it was for your son. Then that is a opt out for the card provider. On S75.
But I would express it as follows: If you buy something FOR someone, then you are covered. If you PAY ON BEHALF of someone you are not covered.
The first case is the Christmas present example. The present is for someone else, but the cardholder is in contract with the merchant so the present is covered by s75. In the second case, the merchant is not in contract with the cardholder. So, not covered under s75.0
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