Can I claim on whole amount under section 75?

X33TLH

I’ve recently purchased a £14k shipping container. 

My mum paid the deposit on her CC as a gift and I transferred the rest to the supplier! 

He hasn’t finished the job and left it in a state which I need to finish and will cost a few K. 

The CC will let us claim for the deposit amount but not for the rest is that correct? 

Thank you 😊 😁

[Deleted User]

  Have you got your shipping container? 

jonesMUFCforever

There is no S75 cover here at all. 
Just finding the Alice Cooper song to play!

bris

I'm surprised they even want to give you the deposit back as gift'ts aren't covered. What is the container for? Whos name is the containers invoice in?

Nebulous2

I'm not clear what you are paying for. Is it a shipping container being converted into accommodation of some sort?  

If you have the container and some of the work has been done it might be difficult to calculate the value of work remaining. 
It must be a lot of work, as shipping containers are much cheaper than that.

eddddy

X33TLH said:

The CC will let us claim for the deposit amount but not for the rest is that correct? 

I suspect that the CC company are proposing a chargeback - not a section 75 claim.

Who is the contract between? i.e. Whose name is on the invoice?

If the contract is between your mother and the shipping container supplier (i.e. your mother's name is on the invoice), and your mother paid the deposit with her credit card - your mother is likely to have section 75 cover (if all the relevant conditions are met). And she can potentially claim all losses resulting from a "breach of contract" - not just the deposit amount.

But if your name is on the invoice, and your mother paid with her credit card - you won't have section 75 cover.

(FWIW, whether it was bought as a gift is irrelevant. The "gift exclusion" seems to be an urban myth based on a misreading of an MSE article. There's nothing in the legislation about gifts being excluded.)

phillw

I would say that gifts aren't covered by section 75, but presents are. Paying for some one else's deposit is not a present.

eskbanker

phillw said:

I would say that gifts aren't covered by section 75, but presents are.

....and I would say (as eddddy did) that such assertions are effectively invented, rather than being supported by the legislation.  The primary cardholder needs to be the person owning the contractual relationship with the supplier, but beyond that there is no such stipulation about gifts or presents.

eddddy

phillw said:

I would say that gifts aren't covered by section 75, but presents are. Paying for some one else's deposit is not a present.

Whilst it's interesting to know what you would say if you made the laws, for the moment we're stuck with the laws made by parliament. Here's the legislation in question: https://www.legislation.gov.uk/ukpga/1974/39/section/75

Essentially, there needs to be a debtor-creditor-supplier agreement for a section 75 claim to succeed. 

(You can introduce words like 'gift', 'present', 'offering', 'handout' etc if you wish, but it doesn't change the legislation - or the requirement for a debtor-creditor-supplier agreement.)

born_again

X33TLH said:

I’ve recently purchased a £14k shipping container. 

My mum paid the deposit on her CC as a gift and I transferred the rest to the supplier! 

He hasn’t finished the job and left it in a state which I need to finish and will cost a few K. 

The CC will let us claim for the deposit amount but not for the rest is that correct? 

Thank you 😊 😁

I  think the telling thing here is.

Last Active 22 July at 6:33PM

Makes post and has never been back. to see if anyone has replied 👀

So unless OP answers some question. It's a pointless discussion.

jonesMUFCforever

born_again said:

X33TLH said:

I’ve recently purchased a £14k shipping container. 

My mum paid the deposit on her CC as a gift and I transferred the rest to the supplier! 

He hasn’t finished the job and left it in a state which I need to finish and will cost a few K. 

The CC will let us claim for the deposit amount but not for the rest is that correct? 

Thank you 😊 😁

I  think the telling thing here is.

Last Active 22 July at 6:33PM

Makes post and has never been back. to see if anyone has replied 👀

So unless OP answers some question. It's a pointless discussion.

Exactly!
As I said in a previous post School's out for the summer!