claim under section 75

snowball1997

Hi
In 2006 we paid a deposit for a property abroad on our credit card - the overal purchase price was just above 37 K at that time
We only paid 70 % of the total price and then in 2009 pulled out due to various reasons - main one being it didnt complete on time
i know the overal amount you can claim is 30 K - so as I only want back the 70 % ( moneys paid in installments ) which is less than 30 K can we make a claim or because the overal price was 37 K am I not covered

chanz4

You pulled out, not them

snowball1997

yes - we terminated and then they terminated the next day- via notary so ours was stamped the day before theirs - Lots of people are taking them to court but we cant afford to and in Bulgaria its a 3 tiered system which can drag on for years

dalesrider

snowball1997 wrote: »

i know the overal amount you can claim is 30 K - so as I only want back the 70 % ( moneys paid in installments ) which is less than 30 K can we make a claim or because the overal price was 37 K am I not covered

Deep breath....

No you do not have a claim as no matter how much you want back. What counts is the amount paid.
So you are over the 30K limit.

The limit on the transaction is £100 to £30K. You can be paid out more than 30K should that be your claim....

jonesMUFCforever

I agree the total transaction price was over £30k - you have no claim under s 75.

snowball1997

Hi Dalesrider
Can you just clarify-some one told us that it was up to 30 K that you can claim
so when you say amount paid is that the amount we actually paid towards the apartment which is approx 26 K so under the 30 K or the purchase price of the apartment
or can we just claim back the deposit we paid on the credit card

meer53

Section 75 limitations relate to the purchase price of whatever you're buying so if your total purchase was over £30k it won't apply. As the deposit forms part of the purchase price, this wouldn't be covered either.

ILW

And you pulled out of the deal, so what would you be claiming for?

CKhalvashi

You'll be lucky to see anything back, as the total price is more than £30k.

I've got property in Wales and Bulgaria where the purchase price was less than £30k, so that would be included.

The purchase price in your situation is more than £30k, so is not included.

CK

chattychappy

snowball1997 wrote: »

Hi Dalesrider
Can you just clarify-some one told us that it was up to 30 K that you can claim
so when you say amount paid is that the amount we actually paid towards the apartment which is approx 26 K so under the 30 K or the purchase price of the apartment
or can we just claim back the deposit we paid on the credit card

I agree with the posts above. The authority is S75 itself:

S75 Liability of creditor for breaches by supplier. [...]
(3)Subsection (1) [the section providing for joint liability] does not apply to a claim— (b)so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000 (I've added the [ ] content.)

S75(1) provides for joint and several liability on the CC but S75(3) restricts its operation by reference to the item price.

The only way S75 could help is if you were purchasing some kind of option rather than paying a deposit.

dalesrider

snowball1997 wrote: »

Hi Dalesrider
Can you just clarify-some one told us that it was up to 30 K that you can claim
so when you say amount paid is that the amount we actually paid towards the apartment which is approx 26 K so under the 30 K or the purchase price of the apartment
or can we just claim back the deposit we paid on the credit card

The limits for a S75 claim are between £100 & £30K. That is the purchase price of the item you are claiming against.
So as you stated the total price was £37K. then as you can see you are outside the limit.
The limit is NOT how much you can claim.

No you could not claim the deposit back, as you withdrew from the agreement. So your only hope is if it was in the T/C of the agreement that any deposit was refundable.

In effect while they were late with the project, that may have been covered in the T/C.

I think you need to see a solicitor who has experience in this type of purchase and get them to look through ALL your paperwork and see if there is any other legal route to try to reclaim some funds.