£7,000 chargeback denied

Manxman_in_exile

Sandtree said:

born_again said:

No S75 is based on Breach of contract or Misrepresentation.

So no matter where it is in the world, these are just the same.

Not at all, laws governing contracts, laws of limitation etc are unique to pretty much every country even within the UK I have 6 years for breach of contract in England but 5 years in Scotland. Many countries have a "bought as seen" basis whereas in the UK merchants have legal obligations of disclosure and so whats a misrepresentation in one country may not be in another etc etc etc

That's exactly what I was thinking of yesterday but couldn't articulate.

However, I'm now thinking I was mistaken to think that way and the Court of Appeal (at least) would say "so what?"

(Of course, the question of what amounts to a misrepresentation may not have been argued before the court, but I can't imagine why not).

born_again

Manxman_in_exile said:

OK.  According to MSE the Court of Appeal says I'm wrong.  https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/#accordion-content-1680858504-2    "Are overseas and web purchases protected?"    

I don't know if this is the C of A case referred to (does anyone else know?), but it seems to support the view that s75 applies to transactions carried out "abroad" (and subject to "foreign" law) which would not otherwise be within the English and Welsh jurisdiction.  https://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2006/268.html&query=(s)+AND+(75)+AND+("Consumer+Credit+Act")

However, the decision doesn't seem to address the point I (and I think Sandtree) was trying to argue, that what might amount to a misrepresentation here might not do so in the "foreign" country.  So if there's no misrepresentation (or breach) under the law of the country governing the contract, why does s75 give a remedy at all?  (The only part of that judgement I could find that indirectly touches upon that is that references to a like or similar or same remedy doesn't mean that identical remedies need to be available here and overseas.

Having said all that, it looks more likely to me that I'm wrong and born_again is right.  Sorry!

No need to be sorry. Debate is healthy & good.