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Credit Consumer Act - Section 75 Question

Hi there.

I recently purchased an established website on Ebay, where the sell was quoting profit of over $1000 a month using advertising on the website.
Having followed his instructions, transferring the website domain name to myself, and the website itself onto my own server, profit is in the region of $2 day, far from the quoted profit.
I paid over £3000 for this opportunity of a 2nd income through PayPal, using my credit card.

Buyer refused to give a refund "due to the nature of the product", and now I am not getting a reply to emails. I am looking to take this matter further.
Just looking for a bit of advice really as to where I can go from here. Am I covered under Section 75 of the Consumer Credit Act, where the lender is also liable, as I would most certainly class this as misrepresentation of goods.

Any help would be appreciated. Thanks in advance :)

Comments

  • Stokey125
    Stokey125 Posts: 671 Forumite
    Hi there.

    I recently purchased an established website on Ebay, where the sell was quoting profit of over $1000 a month using advertising on the website.
    Having followed his instructions, transferring the website domain name to myself, and the website itself onto my own server, profit is in the region of $2 day, far from the quoted profit.
    I paid over £3000 for this opportunity of a 2nd income through PayPal, using my credit card.

    Buyer refused to give a refund "due to the nature of the product", and now I am not getting a reply to emails. I am looking to take this matter further.
    Just looking for a bit of advice really as to where I can go from here. Am I covered under Section 75 of the Consumer Credit Act, where the lender is also liable, as I would most certainly class this as misrepresentation of goods.

    Any help would be appreciated. Thanks in advance :)


    There is a link to a copy of yesterday's dcision from the Law Lords which held that s.75 does apply if goods ar bought abroad. While it can be argued that the Internet was not covered by the ruling as it is not a country if you look at the reasoning it would seem to follow that goods bought over the internet are covered by the ruling. That is a long winded way of saying that you are covered.
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • Stokey125
    Stokey125 Posts: 671 Forumite
    Stokey125 wrote: »
    There is a link to a copy of yesterday's dcision from the Law Lords which held that s.75 does apply if goods ar bought abroad. While it can be argued that the Internet was not covered by the ruling as it is not a country if you look at the reasoning it would seem to follow that goods bought over the internet are covered by the ruling. That is a long winded way of saying that you are covered.

    The link to the thread is here http://forums.moneysavingexpert.com/showthread.html?t=586413
    As I am not the Pope or legally qualified I may be wrong so feel free to get a second opinion from a qualified person
  • DesG
    DesG Posts: 1,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Business != Consumer
  • DesG wrote: »
    Business != Consumer

    That aside you wouldnt have a claim

    Paypal are an intermediary and have delivered the service i.e a money transfer therefore your bank couldnt assist you as it doesnt fall within the CCA

    Your only recource is a civil court
  • molar
    molar Posts: 185 Forumite
    Part of the Furniture Combo Breaker
    That aside you wouldnt have a claim

    Paypal are an intermediary and have delivered the service i.e a money transfer therefore your bank couldnt assist you as it doesnt fall within the CCA

    Your only recource is a civil court

    Some banks will. I recovered a large amount of money from NatWest in a similar situation to that of the OP. I only started the claim 3 months after the original purchase. Paypal didn't want to know.
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