s. 75 CCA and goods bought via intermediaries

Chomeur

MSE says here in relation to goods bought via intermediaries:

"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."

Does anyone know what this case is? I've googled it, but just get the OFT v Lloyds Bank case which seems to be about credit card payments abroad.

Thanks

born_again

Need more information on who, what & when etc.

eskbanker

Chomeur wrote: »

MSE says here in relation to goods bought via intermediaries:

"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."

Does anyone know what this case is? I've googled it, but just get the OFT v Lloyds Bank case which seems to be about credit card payments abroad.

Thanks

My understanding is that MSE are referring to that OFT v Lloyds case, which is documented at http://www.bailii.org/ew/cases/EWCA/Civ/2006/268.html

There were two separate aspects being debated, one of which was indeed foreign purchases, but the other was whether a four-party structure can be said to deny s75 rights by being considered a breach of a (three-party) debtor-creditor-supplier chain.

However, the fourth party analysed in this case was specifically the merchant acquirer (i.e. a bank) rather than an intermediary in the travel agent or PayPal scenarios typically discussed on here, although the final summary doesn't explicitly restrict the judgment to merchant acquirers....

we have reached the conclusion that connected lender liability under section 75 of the Act attaches to all transactions entered into using credit cards issued under consumer credit agreements regulated by the Consumer Credit Act 1974, whether they take place within a three- or four-party structure and whether they are entered into in the United Kingdom or elsewhere