Section 75 refund for goods purchased for my business?

undrop79

Hi,

Apparently, as a small business, I am unable to use the Section 75 of the Consumer Credit Act 1974 on goods that I have purchased using my business/commercial credit card however can I still claim a refund if it was a product purchased for my business using my own personal credit card?

I paid a web designing company £2,000 in advance to build a website for my company. The £2,000 was paid in 4 part payments as the project progressed. 3 of these payments were made using my business credit card and 1 payment of £500 was made using my own personal card. Consequentially, whilst everything was going well, after the final payment had been made to get the finalise the site and get it live, the company went bust and I've got nothing to show for it. Can I use Section 75 with my personal credit company to recoup the £2,000?

Also, is there a time limit on when I have to claim by? I've been trying to find a way to get my money back for the last 2 years.

dalesrider

undrop79 wrote: »

Hi,

Apparently, as a small business, I am unable to use the Section 75 of the Consumer Credit Act 1974 on goods that I have purchased using my business/commercial credit card however can I still claim a refund if it was a product purchased for my business using my own personal credit card?
.

As you have been told no S75 on B2B. If the retailer provides evidence that website was for a company. Then your card provider could reject any claim.

chanz4

not could will reject

dalesrider

chanz4 wrote: »

not could will reject

More likely I think.

Missed out the bit that 3 payments were on a business/commercial credit card.

So the OP would have to stretch the truth (LIE) and say the purchase was only £500 and pray that the company do not provide any info.
Would not like to be around if caught out as could/will result in a nasty shock and card being withdrawn.

chattychappy

undrop79 wrote: »

Can I use Section 75 with my personal credit company to recoup the £2,000?

No. For S75 to apply, the cardholder must also be in contract with the merchant. Here the deal was between the merchant and the company. The cardholder was merely making the payment. This is true irrespective of whether the buyer was a company. Eg if my mother entered into a contract with a supplier and I paid on my CC, then S75 would also fail.

undrop79 wrote: »

Also, is there a time limit on when I have to claim by? I've been trying to find a way to get my money back for the last 2 years.

If S75 applies, then the normal limitation law applies. For breach of contract then it's almost always 6 years from time of breach.

undrop79

Thanks for everyone's comments. Not the news I was hoping for but such is life I guess