Section75 claim

AlanH1234

I have recently made a claim for a purchase in 2004 with the CoOp bank. They have said that I cannot make a claim as it is over 6 years since the payment was made.is this correct?

chattychappy

AlanH1234 wrote: »

I have recently made a claim for a purchase in 2004 with the CoOp bank. They have said that I cannot make a claim as it is over 6 years since the payment was made.is this correct?

You get 6 years from when there was a breach of contract. Eg in the unlikely event you bought something and the shop said "it will work forever", then you'd get 6 years from when it stopped working. (NB warranties in real life are more complicated!)

Bear in mind there are other factors too: you say "with the coop bank"... was it a credit card?

If you are more specific about how you paid, what you were promised, what went wrong, then people can advise you.

Dr._Shoe

When you make a claim under S75 you are claiming for breach of contract. The contract itself can be longer than 6 years.

Say if you have double glazing installed for example, you pay on a credit card. If you're given a warranty for 10 years but they fail after 7 years and the firm's gone bust then you can claim under S75.

The problem comes in knowing what you can claim for. For example, you go on holiday and the travel company goes bust then they were unable to fulfil their contract so you can claim (assuming you paid by credit card). If you buy a washing machine with a 3 year warranty and it breaks down after 6 years then you cannot claim because the contract was for a 3 year warranty, not a 7 year one.

You have a maximum of 6 years to claim from the date that the breach of contract occurred i.e up to 13 years after your Double Glazing was installed.

There is no provision for damages such as loss of earnings etc. But you can claim for the full purchase price as long as you paid at least £100 of it on your credit card. So, if you paid say a £250 deposit for your windows and paid the remaining £2,500 in cash you shouldl get £2,750 back!

jonesMUFCforever

It would help if OP gives more detail about the claim.

AlanH1234

Thanks for the info.

I paid £4000 deposit on credit card for a property in Spain, the a further £25,000 by transfer a few months later. Stupid I know but you live and learn. The company has since folded without laying a brick.

McKneff

Section 75 wouldn't cover that, sorry .....

McKneff

Dr Shoe, you don't have to pay £100 for section 75 to kick in, The total amount of purchase has to be £100 or over


you can pay as little as pence with your credit card and the S75 insurance kicks in.

ERICS_MUM

McKneff wrote: »

Section 75 wouldn't cover that, sorry .....

Could you explain why it wouldn't be covered please ? Is it because it's overseas, or property ?

Thank you, a very informative thread.

EM xx

AlanH1234

The CoOp say that under section 5 of the limitations act 1980 they are not liable

eskbanker

AlanH1234 wrote: »

I paid £4000 deposit on credit card for a property in Spain, the a further £25,000 by transfer a few months later. Stupid I know but you live and learn. The company has since folded without laying a brick.

Re Co-op's line of argument, when did the company fold, i.e. when did you realise you weren't going to get your property, was that more than six years ago (which is the test as I understand it)? Also, was the total transaction value the £29K you outline or more, CCA section 75 only covers purchases of up to £30K?

chanz4

more to the point why has it taken you 10 years to bring the claim....