Section 75 - definition of a "service." 27 February at 2:13PM in Credit Cards 5 replies 111 views

g3rry1983

My bank have been struggling to give an answer to the following question;
If I pay for my 12 month golf club membership by credit card and (for example) the club ceased trading 6 months later, would I be able to lodge a claim under Section 75 of the CCA as the service I have paid for has not been fulfilled?

zx81

Yes.                

eskbanker

It's not really about defining a 'service' as such, but section 75 applies if there's a breach of contract or misrepresentation (and other conditions are satisfied), so if you enter a contract for 12 months and it's broken after six then, provided you can demonstrate this, you can claim for the financial consequences of that breach....

Or, as zx81 said, rather more concisely, "yes"!

g3rry1983

Thanks both.
I take it as long as I get a receipt for payment of 12 months membership that would be sufficient evidence?
Does it matter how long the club has existed?

eskbanker

If you may need to rely on breach of contract then you'd need to be able to demonstrate the existence and terms of a contract, as well as evidence of any subsequent breach.

I can't see much relevance in how long the club's existed.

born_again

A far quicker option is a chargeback for part non receipt of service. Which would be the way it would be taken forward in the 1st place.