s75 CCA compensation

caerfyrddin

Ordered stuff from a supplier (who is now being made bankrupt) for total of £7k, deposit paid of £4k by credit card. No goods supplied. In fairness card co have accepted liability for refunding the £4k but is this the limit of their liability? I suspect it is but we all know never to accept the first offer
Advice welcomed

Tixy

Had you paid the remainder of the balance of £7k? or did this remain unpaid so your actual monetary loss is only £4k?

caerfyrddin

No, only the £4k was paid

thenudeone

The card company are jointly liable for the breach of contract, so you can claim the same for them that you would have been able to from the original supplier.

Damages are not limited to the amount paid or the amount of the transaction, but you must be able to demonstrate how you have lost money and that the loss was known or foreseeable by the supplier.

For example, if the goods weren't supplied were part of a large project which would otherwise have been held up, you may be able to claim the difference in price due to you being forced to buy urgently from an alternative supplier.

Breach of contract can be a complex area of law. See this for a very quick flavour http://uk.practicallaw.com/7-101-0603

If you get a full refund of what you paid (from the card company) and can buy the goods easily elsewhere, trying to get more compensation could be very hard work.

chanz4

is this a business transaction

Gromitt

caerfyrddin wrote: »

No, only the £4k was paid

So you paid 4K and were offered 4K by the credit card company. Proving that you are owed more can be a significant task and can in some cases cost more in both time and money than the extra you'll be rewarded.

My advice would be to take the offer.

opinions4u

If you're only £4k out of pocket what further liability did you have in mind?

jonesMUFCforever

OP has not answered the fundamental question of whether this was a business transaction or not.
Until this is known the replies cannot be right or wrong!

JAX1969_2

Hi,

I entered into a contract to buy a bifold door with a limited company.

Initial deposit of £200 paid over telephone on my credit card. One further payment paid by credit transfer from my bank account, final payment paid by credit transfer from my husband's bank account. Husband is a credit card holder but I am account holder.

Door has not arrived. Director of company is stating he never received my money from the sales person! Sales person claims Director has had money. Director of Ltd company with whom I have contract will accept no liability or responsibility!!!!

I've applied to my credit card provider, MNBA, under S75 of CCA, for them to refund the full amount, including payment made by my husband.

Q1. Will my husbands payment be covered?
Q2. Any idea how long these claims take to resolve?

Many thanks

magpiecottage

It is not clear whether the sales person is a representative of the company or not. If an employee they probably are and the fact that the business does not have proper control systems is irrelevant.

If the sales person was independent then your contract seems to be with him.

However, if it was your credit card and it was you that contracted with him then, subject to the statutory maximum not being exceeded (and it would probably need to be a very spectacular door if it is) the credit card provider would be liable for the entire cost.

bigadaj

caerfyrddin wrote: »

No, only the £4k was paid

Sounds like you're actually from cardigan.