Claiming under S75 of the CCA on my credit card

Clairo1

Hello
I am currently trying to reclaim the cost of an electricians course that I bought for my husband back in 2009. My husband had completed part of the course, but there were still a couple of exams outstanding and he doesn't have the certificates for the parts that he has completed. The company went into administration early this year, therefore I thought that I would be entitled to claim under S75 CCA. After months of the bank telling me that I was not entitled to claim as it was too long ago, I finally got them to look at my case. I received a letter from them telling me that as the course contract was in my husbands name, I would not be eligible to claim as he would need to be the claimant and it was not paid on his card. I thought that as I bought him this as a gift, S75 would still cover this even though the contract is in a third party name. Any experiences or advice would be much appreciated as I can not trust the bank as they have already told me many lies to try to avoid paying out!
Many thanks

McKneff

I really don't think a section 75 would cover that to be honest.

section 75 is, I believe, for goods and not services.

I think you are on a hiding to nothing.

Contact the administrators, you may get something back but don't hold your breath.

McKneff

Why hasn't he completed the course in the 4 years since you bought it?

Alpine_Star

McKneff wrote: »

I really don't think a section 75 would cover that to be honest.

section 75 is, I believe, for goods and not services.

:eek:


Section 75
This law (part of the Consumer Credit Act 1974) protects you if you use your
credit card to buy something costing between £100 and £30,000.

You are legally entitled to get your money back if:

• what you bought turns out to be faulty;
• the company you bought the product or service from breaks
their contract with you (for example they go out of business); or
• the company you bought the product or service from don’t deliver what they have promised.

http://www.theukcardsassociation.org.uk/wm_documents/creditcard_yourights_a_consumer_guide(1)(1).pdf

magpiecottage

From what you say, I disagree with the bank.

If you bought a course for your husband as a gift then the contract was with you, not your husband.

If, on the other hand, you simply provided the funds, and the provider contracted with him to provide it then S75 would not seem to cover you.

I suggest you refer the matter to the Financial Ombudsman Service.

Wywth

magpiecottage wrote: »

...If, on the other hand, you simply provided the funds, and the provider contracted with him to provide it then S75 would not seem to cover you...

I think that is probably the case. Most educational establishments form a contract direct with the student (particularly in adult education).

This is also what the bank informed the OP was the situation.