Section 75 ‘no direct contractual relationship’

Jonesc901

Hi Forum members.
In 2019 I bought a private dinner for 10 at a charity ball, paying just over £1000.  The agent who i paid on the night paid £400 to the charity (I think) and then the rest to Wonderland Memorabilia who have gone bust. Wonderland were supposed to pay the chef so he could cook for me in Sept but he wasn’t paid so he could not give me the dinner.  Tesco credit card have declined my S75 claim on the grounds that there is no breach of contract.  Martin, in his advice, talks about the Court of Appeal in 2006 agreeing that this was an ‘arrangement to pay’ but i cannot find that Court of Appeal ruling to help me.  Can anyone help me recover the £600 please?

Spank

If the company has gone bust who do you think is going to pay you? 

Sandtree

Cannot see anything on MSE about the court of appeal and S75 however looking at other law resources they mention OFT -v- Lloyds & others in 2006 the judgement for which is at:
https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2006/268.html

However it appears it subsequently went to the Lords 
https://www.bailii.org/cgi-bin/format.cgi?doc=/uk/cases/UKHL/2007/48.html

born_again

Jonesc901 said:

Hi Forum members.
In 2019 I bought a private dinner for 10 at a charity ball, paying just over £1000.  The agent who i paid on the night paid £400 to the charity (I think) and then the rest to Wonderland Memorabilia who have gone bust. Wonderland were supposed to pay the chef so he could cook for me in Sept but he wasn’t paid so he could not give me the dinner.  Tesco credit card have declined my S75 claim on the grounds that there is no breach of contract.  Martin, in his advice, talks about the Court of Appeal in 2006 agreeing that this was an ‘arrangement to pay’ but i cannot find that Court of Appeal ruling to help me.  Can anyone help me recover the £600 please?

Tesco are right.
You paid the agent. Creditor/debtor relationship ends there for any breech of contract, which there was none as they did what you asked them to do, pay a sum to charity & pay Wonderland Memorabilia to organise a meal for 10. The fact they never paid the Chef is not Tesco's issue. 

unholyangel

Get a letter from the chef stating he hasn't been paid then s75 as the agent never performed the service you paid for (that service being making payment to the chef)?

I'm not familiar with the advice given by Martin (presume Lewis given its mse) but I'll have a look later tonight

Uptown_Boy

I wonder if the arrangement was:

Consumer pays agent >> agent pays charity plus company >> company pays chef (who doesn't work for the company, and it is this last stage which failed)

If yes then there is no claim against the agent ... they made the payments to both the charity and the company.

born_again

unholyangel said:

Get a letter from the chef stating he hasn't been paid then s75 as the agent never performed the service you paid for (that service being making payment to the chef)?

Except you missing the bit of "Wonderland Memorabilia " that the agent paid, that have gone bust and not paid the chef.

unholyangel

born_again said:

unholyangel said:

Get a letter from the chef stating he hasn't been paid then s75 as the agent never performed the service you paid for (that service being making payment to the chef)?

Except you missing the bit of "Wonderland Memorabilia " that the agent paid, that have gone bust and not paid the chef.

OP "thinks" x amount was paid to charity and rest to wonderland. It also depends who the agent was acting for/in what capacity the agent was acting and how the actual payment was processed. 

As in cases where paypal is used, it doesn't always break the chain. It depends on details, and those details are usually obscure enough for the customer to have no idea what they are or how that affects their claim. 

Ectophile

Spank said:

If the company has gone bust who do you think is going to pay you? 

Tesco bank. Consumer Credit Act, section 75. The only question here is whether or not Tesco can get out of paying.

Spank

Oops was thinking of a chargeback, brain fart or old age.

Jonesc901

Thanks everyone for your time and comments.