Claimed Section 75, can I claim again for Personal Injury

Herby69

Hi
I have claimed a Section 75 on a credit card & was successful. I did sign a full & final settlement form at the time.
I am now claiming for personal injury with the same credit card. Could they refuse me if I signed the full & final settlement form?
Any information will be helpful?

PeacefulWaters

On what basis do you believe the credit card company can be held to account for personal injury?

thenudeone

s75 allows you to claim against the card company as well as or instead of the supplier, for cases of misrepresentation and breach of contract.

It is probably an implied term of every consumer contract that the goods / services will be safe, so theoretically you may be able to argue that the supplier has broken their contract, and therefore s75 applies; but since you have already agreed a settlement, you may have waived any further rights unless the injury was latent and unknown at that point.

A great deal would depend on the full circumstances, which are a bit sketchy in your post.

chattychappy

Yes you can claim PI if the product/service injured you. Of course it comes down to specifics and evidence.

Whether you are prevented because of the settlement agreement depends on the wording and what you knew at the time. In general, courts don't like situations where "the little man" contracts out (the settlement is a contract) of a right to claim for personal injury unless fully informed.

lisyloo

Just wondering but why would you go for the card company rather than the retailer/supplier?
If the company is still in business then they should have insurance so it's not obvious why you wouldn't go that route.

Just interested and hoping to learn something.

Herbalus

Herby69 wrote: »

Any information will be helpful?

Same here. We can't guess if the credit card are liable or not if you don't say what the injury was or how it occurred.

If, for example, you cut your hand on a knife and the retailer won't do anything about it, the CC company will laugh at you. If the faulty car you bought exploded when you tried to move it, then that's possibly different.

Is it an injury related to the purchase for which you claimed the S75?