Section 75 - What is 'misrepresentation'?

LEO1_2

All

Would be grateful if somebody could advise on what 'misrepresentation' means in Section 75? Could you claim under this Section 75 'misrepresentation' if you have paid for services on your credit card where you may have grounds to claim that you have been missold the service/product?
For example, in my case I sign up to a service through a pushy salesman. The paperwork arrived 6 days later and after carefully checking the services offered in writing, I released that alot of the information was not discussed or made clear in the original interview, meaning that I would have made a different decision at that time. Moreover, the company is now claiming that my cancellation rights was within 3 days of signature (not discussed at the interview either and this only became clear when the full written agreement and confirmation of services was received on day 6). I paid an initial fee on credit card believing this to be the low risk option should I choose to pull out (which I now do having had time to rethink) as I thought that I may be able to claim my money back if I was not happy with the service offered in writing.
However, having reread Section 75 I am unsure if I have grounds to make a claim?
Could anyone help?

jonesMUFCforever

Need more information here.
What exactly did you sign up for?
Did you sign up at the offices of the sales people?

chattychappy

A misrepresentation is a false statement of fact directed to you which induces you to enter into the contract and causes you a detriment.

It might cover your situation, but not necessarily. It's up to you to determine whether what you have agreed to buy is suitable. If you agree to terms that you have not seen, then that is at your risk. If you buy something that is not suitable then that's your loss. On the other hand, if you agreed to something on the phone and later you are sent T+Cs which are different, then they won't apply - one side can't unilaterally change what was agreed after the event. For misrepresentation in particular to apply, you must have been told something specific (though it can be implied) that wasn't true and you relied upon it when signing up. This must be beyond the normal advertising puff "this will change your life". Also it can't be something that you would have known wasn't true.

Contracts sometimes attempt to exclude misrepresentations in what known as "whole agreement" or "entire agreement" clauses. Ie when you sign the contract you agree that you are not relying on any prior representations. Companies do this to protect themselves from enthusiastic salesmen or disputes about who said what to whom prior to the deal being struck. Such clauses are not always enforceable - they are subject to unfairness rules. And as above, this isn't something that can be imposed afterwards.

dalesrider

LEO1 wrote: »

I paid an initial fee on credit card believing this to be the low risk option should I choose to pull out (which I now do having had time to rethink)
Could anyone help?

As someone else said.

Where was this meeting?

You seem to be implying that you paid on the CC as a way to get rid of a pushy salesman. Under the impression that changing your mind, would simply allow you to go to the CC and get you money back.....

Now the reality.

You are going to have to PROVE to the CC co missrepresentation. You are going to have to do this via the T/C and any other info you can provide. Broucheres etc.
Something said verbally is going to be hard to prove.

By all means talk to your CC provider and give them the FULL information.
This will not be a quick fix. You could be looking at something like this taking months to resolve.

ozbizbozzle

I bought a van costing nearly 12K, 2 years ago using my Cooperative Visa card. When it starts it splutters, and you get a big cloud of smoke. Drives fine after that. Took it back to original garage and others 10 times. Their garage reports contradict the ones we have taken it to. Tried to get our money back. Eventually been to Bank with Section 75, no joy. Now with Ombudsman whose representation also says they are going to do nothing. Onus is on us to prove the problem. Spent 2k trying to do this. Seems default is to to nothing. We are the victims of retail crime and yet Coop Bank under Section 75 just make a paper decision. What else can we do?

grumbler

ozbizbozzle wrote: »

... What else can we do?

Section 75 is the section of the Consumer Credit Act (i.e. the law). If both the seller and the CC company refuse to do anything voluntary you can sue either of them for the 'crime'. However, you obviously need some reliable evidence for doing this. Without the evidence you go nowhere.

Yes, onus is on you and this is understandable.

meer53

Where is the misrepresentation ? What is the retail crime which has been committed ?

chanz4

whats the van used for business?