Section 75 claims

dprc

We're in dispute over some poor quality holiday accommodation paid for with our credit card.

The payment was via a booking agent, whose web site, photos and description we relied upon. It seems to us to be a clear misreprsentation by the agent

I've seen that payments via an gent are excluded from s.75 claims,. but I've also seen the following advice on this site:

'You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task.'

Anyone know what the score is?

jonesMUFCforever

What does the agent say?

Have you got evidence of the breach of contract?

dprc

Lots of photos evidencing lack of cleaning, mould and broken fittings.tiles etc. Also various notes re numerous plumbing and wiring faults etc.

Nasqueron

Just to clarify, have you tried complaining to the firm (and perhaps using one of those consumer champions in the papers / raising the issue on the firm's social media accounts) or have you gone direct to S75?

dprc

Complained to agent, who are trying to avoid responsibility, and also lodged the details with the credit card co.

bris

Did you stay or move out and find somewhere else after giving the accommodation owner the chance to put it right?


If you stayed then your options are limited as you accepted the accommodation.


The best you can hope for is a claim for loss of enjoyment but that is a hard thing to quantify. A S75 claim would be rejected on this basis but if you can put a compensation figure to the agent then they may consider it, or take it to court, if S75 is available to you then you can sue them both together.

dprc

Thanks for relies, so far. Just want to be clear about the 'agent' side of things, if anyone knows. Particularly re the second paragraph below:

"You're unlikely to be covered when payments are made to a company that isn't the one providing you with the product or service. In these cases, the credit card company usually says it didn't have a direct relationship with the supplier, so isn't equally liable.

If you stand your ground, it's possible to argue that the indirect relationship constitutes an arrangement to pay. The Court of Appeal decided this was acceptable in 2006, but it's unlikely to be an easy task."

jonesMUFCforever

Have you got the funds to go back to the court of appeal?

How much exactly are you wanting to claim?
Did you complain whilst you are there?

Is the agent an ABTA member?

dprc

No plans to go to the Court of Appeal ;-), just trying to find the ruling referred to.

No to ABTA and around £1250.

bris

dprc wrote: »

No plans to go to the Court of Appeal ;-), just trying to find the ruling referred to.

No to ABTA and around £1250.

£1250 for what? You haven't answered the most important questions, did you stay? Did you give them a chance to put it right?


You can't just go on holiday, come home with a few pictures and expect your money back.


You need to follow certain procedures for this, the actions you take at the time go a long way to proving a breach of contract.

eskbanker

dprc wrote: »

No plans to go to the Court of Appeal ;-), just trying to find the ruling referred to.

I believe it's this one: https://www.publications.parliament.uk/pa/ld200607/ldjudgmt/jd071031/lloyds-1.htm