Section 75 from Europen Company

DukeMongo

Hi
I need a little advice before going down the route of section 75.
I am a member of a sub aqua club based in Lincolnshire. i purchased a piece of equipment from a company in Finland on behalf of my club using a Tesco credit card in July 2015. the panel was delivered late to us in August 2015 and was not commissioned until late November 2015 because we required extra training to use the new equipment. subsequently, the panel did not work and i contact the supplier who agreed to have the equipment returned for repair and they would refund the cost of delivery. the panel was shipped via ups. to date, the panel has not been returned to us and no money has been refunded. communication with the supplier is very poor at best and he has cited new electronics are needed and waiting on new software. i have emailed him several times this week. i want to send him one last email stating a 'return or else' ultimatum but not sure if this is the correct thing to do.
can i claim via section 75 for this issue and what can i claim for in terms of expenses e.g Ups costs?
Many Thanks

jonesMUFCforever

First thing I thought was you purchased on behalf of someone else, it could even be described as a business transaction - therefore IMO no section 75 cover exists.

DukeMongo

the panel has been bought in my name and the club i represent is a not-for-profit organisation. they are a member of the British Sub Aqua Club.

jonesMUFCforever

It may not matter whether it is a not for profit organisation or not - why not contact the credit card company to get their views on it and what you can do to resolve it?

bris

Sounds like a business transaction no matter how you butter it up. It's equipment that is also your clubs so S75 will not cover it.

unforeseen

Has the club paid you for it?

chattychappy

People often say that because something is a "business" transaction, S75 doesn't apply. S75 doesn't make that distinction and whenever this issue comes up I ask for somebody to point to a legal authority to support what they say, I don't get an answer. Still open minded though. Bear in mind, the cardholder agreement is regulated by the Consumer Credit Act 1974. That alone doesn't mean transactions are excluded by virtue of their purpose.

The question is, who was the true purchaser? If the cardholder buys something "for" somebody, whether it's a Christmas present or for a company or friend, then the "chain" is not broken. S75 applies.

If, however, a company makes a purchase but the cardholder pays on a CC, then S75 doesn't apply - the purchaser is not the same as the cardholder.

Clubs are typically unincorporated associations so don't have a separate legal identity. This is more tricky - it might come down to the constitution. But in this case, if the OP placed the order in his name, then I don't see an issue - even if he expected to be reimbursed later.

unforeseen

chattychappy wrote: »

But in this case, if the OP placed the order in his name, then I don't see an issue - even if he expected to be reimbursed later.

And if the OP has been reimbursed then he has effectively sold it on to the club so OP is trying to claim S75 on something he no longer owns

chattychappy

unforeseen wrote: »

And if the OP has been reimbursed then he has effectively sold it on to the club so OP is trying to claim S75 on something he no longer owns

(emphasis added)

Yep. No problems with that on the basis of "no longer owns".

But it is a problem if the OP never owned it (ie some other legal entity owned it and the OP merely paid on their behalf).