Section75 claim but I don't have a receipt

loveka

I have just started a Section 75 claim.
On the form it says I have to have a receipt and that the credit card bill won't suffice.
The claim is against a builder, he didn't give us a receipt.  We have emails confirming the amount we agreed to pay, and this matches the amount on the statement.  But we don't have anything that says 'receipt '.

Does this scupper our claim?

Thanks.

born_again

Is this in relation to the Sheppard's Hut?
They will need some proof of the amount paid. I can't believe you have not got a invoice or receipt on such a large amount. It could well do, if they think you are pulling a fast one.

loveka

It is on my statement, surely that is proof we paid it?

We should have asked him for a written receipt, but as he had just blackmailed us ( pay me or I won't deliver the woodburning stove, bed and steps) it was all rather fraught.

We have the credit card receipt, which was emailed, but surely that is the same as it showing on the statement. 

[Deleted User]

loveka said:

It is on my statement, surely that is proof we paid it?

No. That's surely proof you gave them some money.  Not that you paid for a specific item.

You're going to have to try to use the written evidence of the amount in place of the receipt, and any other supporting evidence.

born_again

Deleted_User said:

loveka said:

It is on my statement, surely that is proof we paid it?

No. That's surely proof you gave them some money.  Not that you paid for a specific item.

You're going to have to try to use the written evidence of the amount in place of the receipt, and any other supporting evidence.

This is a follow up thread to this one.
https://forums.moneysavingexpert.com/discussion/6095717/section-75-builder-not-completed-work-jan-2020-update-august-2020/p1

There is also one in consumer section.

So this is not a simple case of a receipt for a item.
Note this is also a B2B transaction as the unit is being let out as a holiday let. (wonder if CC knows that)

loveka

The credit card company knows it is used as a hidalgo let.

According to CAB, the Financial Ombudsman and my solicitor this is not a business to business transaction as I am a sole trader. This is not considered a business transaction so the Consumer Credit Act applies.

There are various threads on this forum confirming that sole traders are covered by Section 75 as long as the credit card used was a personal card.

I am only posting this in case someone in difficulty desperate for help and advice reads this thread.

Your sneering tone really does ruin any advice you give.

pbartlett

you have the same rights against the card company as against the builder.

from Trading Standards...

I have lost the receipt. The trader says I no longer have any rights. Is this correct?  

No. You do not have to produce your receipt in order to make a claim against the trader for faulty goods. However, you do have to prove that you bought the goods, how much you paid and when you bought them. Normally this would be the receipt but you could use a copy of your bank or credit card statement.

https://www.bromley.gov.uk/leaflet/122503/21/683/d