Section 75 claim (DCS)

iwasyoungonce

Was told by my card provider that they cannot accept my section 75 claim as they cannot establish a Debtor-Creditor-Supplier agreement.

Although the payment came from my credit card they cannot establish who the contracting parties are as I do not have a contract or invoice for my payment just the statement with the transaction and name of supplier who have since been closed down by the official receiver, also they cannot establish the terms of the purchase to determine if the seller was in breach of contract or misrepresentation occurred.

Any constructive advice welcome.

[Deleted User]

That would be correct.

A non specific payment doesn't provide any evidence.

You need an invoice and a contract.

eddddy

If you feel strongly enough, and depending on the evidence you have, you could try making a claim against the CC company in the small claims court.

Then you'd be playing by the court's rules, not the CC company's rules.

Essentially, the court would decide 'on the balance of probabilities' whether a DCS relationship existed, and whether there was a breach of contract.

For example, if you showed the court evidence of a payment to 'ACME fashions' for £150, plus an 'ACME fashions' £150 raincoat that was not fit for purpose (plus your witness statement of what happened) - the court might decide that on the balance of probabilities that a DCS relationship existed and a breach of contract occurred.

jonesMUFCforever

OP we have no idea if we think you have a case because you have given no clues as to what has gone wrong?

iwasyoungonce

I purchased "carbon credits" however I paid over the telephone so no receipt given at point of sale, I did receive a share certificate but it doesn't state any terms and conditions, subsequently the official receiver closed them down in the public interest due to suspicions it was a ponzi scheme, carbon credits were never intended to be sold to individuals so I'm saying it was misrepresentation by the sales rep.

derps

Why did you want carbon credits, so nobody can object to your farts?

dj1471

I'm guessing it's related to this:
https://www.gov.uk/government/news/major-carbon-credit-network-unpicked-by-the-insolvency-service

Have you contacted the Official Receiver about getting your money back?

The Official Receiver now appointed to administer the liquidation of these latest companies will be glad to hear from investors who have dealt with them.

If the company can be identified from the transaction and is listed as one of the ones closed down then that's reasonable evidence that misrepresentation occurred, you will however have a challenge persuading the CC company of this and you still need sufficient evidence to demonstrate the DCS relationship.

I suspect you will have to raise a complaint and escalate to the FOS, whether they will side with you is anyone's guess.

jonesMUFCforever

IMO no chance. This is similar to someone going into a bookie putting a bet on and wanting to complain because the horse did not win.

dj1471

jonesMUFCforever wrote: »

IMO no chance. This is similar to someone going into a bookie putting a bet on and wanting to complain because the horse did not win.

It really isn't, unless the bookie told them it was a £100,000 racehorse that was guaranteed to win when in fact it was an old nag they found in a nearby field.

The key here is that the "investment" was misrepresented (likely during a cold call) and misrepresentation is covered by Section 75.

I don't rate the OPs chances with Section 75 either, their best bet is to see if they can get any kind of refund from the Official Receiver.

bigadaj

dj1471 wrote: »

It really isn't, unless the bookie told them it was a £100,000 racehorse that was guaranteed to win when in fact it was an old nag they found in a nearby field.

The key here is that the "investment" was misrepresented (likely during a cold call) and misrepresentation is covered by Section 75.

I don't rate the OPs chances with Section 75 either, their best bet is to see if they can get any kind of refund from the Official Receiver.

It's really no different to binary options, development land in obscure foreign climes etc

They won't have been very good scammers if there is anything left for the receiver to disburse to creditors.

bris

Aren't carbon credits an investment? So it's a business deal which isn't covered by S75 anyway.


They are right in the fact you have no case regardless but they also have an uncovered product to decline it on too.