Barclays Finance Section 75 claim

tarajayne

Letter came today from Barclays....
'We are unable to get involved in the rejection of goods as this falls under the Sale of Goods Act, which only the supplier of goods can be held liable under'

wealdroam

tarajayne wrote: »

Letter came today from Barclays....
'We are unable to get involved in the rejection of goods as this falls under the Sale of Goods Act, which only the supplier of goods can be held liable under'

Ask Barclays to expand on that statement.

Frugal_mike was right when he said:

frugal_mike wrote: »

...they are jointly and severally liable for the contract. If you have a legal right to a refund then you can claim that from Barclays.

Have you read MSE's Guide to Section 75?

In particular, it quotes this from Section 75 of the Consumer Credit Act 1974:

75. — (1) If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

There is a sample letter in that MSE guide too.

frugal_mike

It's shocking how wrong that statement from Barclays is. Section 75 of the Consumer Credit Act is relatively short and uncomplicated (even if you include Section 75a), and leaves pretty much no room for interpretation on this point.

Not only are Barclays responsible for all terms in the Sale of Goods Act for purchases they finance (as well any other contractual terms), but there isn't even a requirement to pursue the retailer first.

unholyangel

tarajayne wrote: »

Letter came today from Barclays....
'We are unable to get involved in the rejection of goods as this falls under the Sale of Goods Act, which only the supplier of goods can be held liable under'

They're wrong. Under section 75 both the retailer and creditor are held jointly and severally liable.

That means that you have the exact same rights with the credit card company as you do the retailer - and you do not have to exhaust every avenue with the retailer before chasing the credit card company. You can chase either one - or both.

Seems a bit strange that they're agreeing section 75 applies but then trying to say its a sale of goods act and only the supplier can be held liable.

Instead of going through court, you also have the option of complaining to the financial ombudsman about your banks failure to abide by the CCA.

tarajayne

Thank you, sorry I've been at a primary school fund raiser all day. I phoned the Ombudsman as I was on my way today and they've opened a case.