Section75 Claim - Case Law Help Please?‏

frugal_mike

dalesrider wrote: »

How does making your card provider pay hit the supplier? You think the CC will take the company to court? or get a penny back from them.....

Section 75 specifically entitles the credit supplier to be indemnified by the supplier for all costs they incur including the cost of defending themselves. It also entitles them to make the supplier a party to the proceedings in court. If the credit supplier doesn't do these things then you can't put all the blame for increased charges on the consumer bringing the claim in the first place imo.

seguna

Thanks Malchish!

ILW

malchish wrote: »

Dear OP,
Fill in the moneyclaimonline form, where the defendant is named as both your CC and the company that deceived you. Then print the filled in form and send letter before action to both the company and the CC.
Ask for the cost of the course and £100-200 for inconvenience.

Some people on here will be busy to take your spirit down and make you lose hope in the success. Just research their other posts - they seem to spend days on here, discouraging consumers from defending their rights.
You are in the right, your claim is very strong, disputing your claim will be unreasonable, so they will probably settle without a big fight, they will be afraid of costs and precedent.
Just do it. Small claims online are nothing to fear. Treat it as fun chess game. All the best, and do not take disheartening and confusing replies seriously, they have a purpose to wear you down.

And your qualifications are?

seguna

ILW wrote: »

And your qualifications are?

Please clarify? Since when did posters need 'qualifications'?:p

WTF*

seguna, how did you get on with this and what was the outcome? I am about to go through the same process myself with my CC company.

seguna

Hi !!!!!!
Basically the CC company said 'no' & I've not gone much further.

Basically it's at the stage where I either have to sue the CC, or the provider or both. I've not really been up for a fight on this since last year so I've just left it...for now.

I did write to Paypal though and they confirmed that under S75, they are NOT the supplier, so were I to sue the CC, this would strengthen my case against the CC.

Another reason I've not sued is because this is my main CC and current bank account. If I tick these folk off by suing, I just don't need the hassle if they decide they no longer want my custom.:(

seguna

Sorry if this wasn't what you were hoping to hear. There's useful information here if you decide to press on though.:)

All the best.;)

Bantex_2

Cannot understand why you have not taken the training company to court, if it is that obvious that they have not provided the service you paid for. Should be pretty simple.

seguna

It's simple but not that 'simple' as already pointed out.

Whilst I am satisfied they did not deliver what they promised as outlined above, it's much more a matter of argument and leaves more room for controversy than a simple S75 claim.

Bantex_2

seguna wrote: »

It's simple but not that 'simple' as already pointed out.

Whilst I am satisfied they did not deliver what they promised as outlined above, it's much more a matter of argument and leaves more room for controversy than a simple S75 claim.

A straightforward section 75 claim still requires evidence of non delivery though. If you cannot satisfy a court claim, why should the card company pay out?