Reclaim from company in liquidation

Mrs_martin

It's quite common with stuff like that and laser eye surgery at least with the bigger firms to offer treatment on finance to make it seem more affordable

I know this i was referring to being able to claim back under section 75. On the website dealing with the company closure they hadn’t mentioned it and the form I need to fill out makes no sense whatsoever. I’m not sure who to ask to try to get a refund from. The creditor who I got finance with or the company who has taken over the closure...

Nasqueron

Which firm is it out if interest?

I think antrobus is assuming you paid on a credit card not through finance, s75 is credit card protection, did you pay anything even a deposit on a credit card? I was telling him/her what you had done.

If the firm has other franchises (I'm assuming they aren't one big firm or else why would they keep trading and offer you treatment) can you not ask the firm for a refund of the balance if you cannot get to any of the other branches?

Peter999_2

dunstonh wrote: »

If its gone into administration then that usually means not enough money to pay the liabilities. You become a liability. However, HMRC take priority over you. So, as you are asking about odds, you need to be prepared for somewhere between nothing and pennies.

Hi dunstonh, it used to be true about HMRC being a prefered creditor but it changed quite a few years ago so they are just an Unsecured Creditor the same as customers, suppliers etc.

antrobus

Nasqueron wrote: »

Which firm is it out if interest?

I think antrobus is assuming you paid on a credit card not through finance, s75 is credit card protection, did you pay anything even a deposit on a credit card? I was telling him/her what you had done.

No, antrobus is assuming they paid using point of sale finance.

S75 CCA 1974 isn't 'credit card protection'. S75 CCA 1974 makes a creditor liable for breaches by a supplier under a debtor-creditor-supplier agreement. Basically, where the supplier arranges the credit to pay for the supply.

It doesn't mention credit cards. Few people had credit cards back in 1974, the target was HP type finance. As it happens, accepting payment by credit card creates a debtor-creditor-supplier agreement and so payment by credit card is covered. And of course, these days almost everybody has a credit card, HP aint such a big thing, so lots of people refer to s75 as credit card protection, but its scope is far wider.

If the OP walked into the clinic, discovered the treatment cost £2,500. Said 'I don't have the money right now' and was told 'Don't worry, we have this finance package from Omni Capital Retail Finance' that's a debtor-creditor-supplier agreement.

https://www.legislation.gov.uk/ukpga/1974/39/section/75

antrobus

Peter999 wrote: »

Hi dunstonh, it used to be true about HMRC being a prefered creditor but it changed quite a few years ago so they are just an Unsecured Creditor the same as customers, suppliers etc.

Correct.

Prior to 2002, HMRC was ranked as a preferential creditor, but the introduction of the Enterprise Act reduced their status to that of unsecured creditor for all forms of tax.

https://www.begbies-traynorgroup.com/articles/insolvency/who-gets-paid-first-when-a-company-goes-into-liquidation

Mrs_martin

If the OP walked into the clinic, discovered the treatment cost £2,500. Said 'I don't have the money right now' and was told 'Don't worry, we have this finance package from Omni Capital Retail Finance' that's a debtor-creditor-supplier agreement.

That’s basically what happened...so do i try to claim through Omni capital also called omni port or through the lawyers (called quantum??) now?

I just found this writren on my credit agreement

LINKED CREDIT AGREEMENT
This agreement finances the purchase of goods and services described above. You may have the right to sue the supplier of the goods or services, us, or both, if you have received unsatisfactory goods or services paid for under this agreement with a cash price of more than £100 but not more than £30,000.

antrobus

Mrs_martin wrote: »

That’s basically what happened...so do i try to claim through Omni capital also called omni port or through the lawyers (called quantum??) now?

I just found this writren on my credit agreement

LINKED CREDIT AGREEMENT
This agreement finances the purchase of goods and services described above. You may have the right to sue the supplier of the goods or services, us, or both, if you have received unsatisfactory goods or services paid for under this agreement with a cash price of more than £100 but not more than £30,000.

Standard legal boilerplate recognising that s75 applies.

The credit agreement should identify the lender. Contact them,

Mrs_martin

I contacted the creditor and they suggested I was not protected under sec 75 becausemy contract of repayment was over 9 months and I was only protected if it was over 12 months +. I can’t find this anywhere on section 75 though. Am I being fobbed off?

-taff

A lengthy read but may help.
https://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html
If you have already complained to them, you can complain to the FOS.