Section 75 overseas purchase

Stigmeister

Hi all
Section 75 is a great piece of law that i have previously used successfully.

I have read that the regs now cover purchases made overseas via the internet.

I am about to buy from Hong Kong about £250 so want to be sure before i commit.

As i've seen it on one web site only I was hoping someone here could point me to something more reliable please.

Thank you

Chino

Read the guide on this website here (particularly the section "Are overseas and web purchases protected?"):
https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases#exceptions

Although as to its reliability, I can't comment.

chattychappy

Stigmeister wrote: »

I have read that the regs now cover purchases made overseas via the internet.

There are no regulations as such, just the original 1974 Act, S75 of which is pretty much as it always was.

S75 makes the lender jointly liable in the case of breach of contract or misrepresentation. There was never any exclusion in respect of foreign purchases, so no reason why foreign purchases shouldn't be covered. This interpretation was confirmed a few years ago by a higher court.

Consumer credit was a different animal in 1974 and the Act did not anticipate the borrowing habits of today. What is left unclear is how to apply concepts such as "breach of contract" or "misrepresentation" to contracts formed in foreign jurisdictions. Almost certainly you won't benefit from UK/EU inspired implied terms such as fitness for purpose.

For the most part, Hong Kong law is based on the English common law system. The basics of contract law are the same, as are concepts of breach of contract/misrep. But if you do have a problem - eg you buy a camera that goes wrong after a few months and the T+Cs say "no warranties", then you will be left struggling to try and show that such a term (which wouldn't stand up here) is excluded by local legislation.

In summary, I would only rely on S75 as a last resort. Be aware of the pitfalls of importing directly from Hong Kong, eg having to pay VAT, duties and possibly other handling charges on delivery. I know some suppliers offer "guarantees" that you will not face such charges and misdeclare goods to circumvent HMRC. If that sort of thing breaks down, you will almost certainly NOT be able to recover under S75. Look at genuine review sites that rate exporters.

Hong Kong is a great place and I've bought stuff there. Personally I wouldn't import stuff though.

Stigmeister

Thank you chattychappy, my apologies when i said regs i actually meant the original act.

It is that act that i'm informed has had a ruling by the House of Lords recently covering the purchase of goods etc from overseas.

However, I cannot seem to find a categoric ruling.

Thank you

PeacefulWaters

Stigmeister wrote: »

Thank you chattychappy, my apologies when i said regs i actually meant the original act.

It is that act that i'm informed has had a ruling by the House of Lords recently covering the purchase of goods etc from overseas.

However, I cannot seem to find a categoric ruling.

Thank you

Pretty sure it involved Royal Bank of Scotland and was several years ago.

In essence, they ruled S75 applies based on the consumer protection laws of the country you're buying in.