Section 75 post brexit

shoi

Has brexit changed anything for section 75?

Does one have to be UK resident to be covered by section 75 (using a UK credit card)?

Thanks

eskbanker

No, to both questions....

shoi

eskbanker said:

No, to both questions....

Thanks.  Look I'm sorry for the rudeness, but how authoritative are you on this question?

[Deleted User]

shoi said:

eskbanker said:

No, to both questions....

Thanks.  Look I'm sorry for the rudeness, but how authoritative are you on this question?

Section 75 is part of UK law, the fact we have left the EU has zero effect on any of this - UK credit issuers have to obey this law

Chino

shoi said:

Look I'm sorry for the rudeness, but how authoritative are you on this question?

If what you want is professional advice instead of the uninformed opinions of random strangers, you're going to have to pay for it.

Sandtree

Chino said:

shoi said:

Look I'm sorry for the rudeness, but how authoritative are you on this question?

If what you want is professional advice instead of the uninformed opinions of random strangers, you're going to have to pay for it.

I'm sure a quick call to CAB or similar would give a free answer, which in theory is less random than random strangers on forums (though would say you don't know if its informed or uninformed on forums rather than definitively saying its uninformed)

eskbanker

shoi said:

eskbanker said:

No, to both questions....

Thanks.  Look I'm sorry for the rudeness, but how authoritative are you on this question?

Section 75 is a component of the Consumer Credit Act 1974, defined at https://www.legislation.gov.uk/ukpga/1974/39/section/75

As with any other published legislation, there are annotations to show applied or pending changes but there are none relating to the 15 months since the UK left the EU and therefore it is reasonable to conclude that a longstanding piece of domestic legislation won't have been affected by Brexit.  What changes did you have in mind anyway?

For the second question, a UK credit card agreement will be under UK legislative jurisdiction, along with FCA regulation and so on, and it's this that determines applicability of s75 rather than residency.  Obviously if you move away from the UK and don't declare this to a credit card provider then this may breach the terms of your agreement, which wouldn't do much for your chances of a successful s75 claim, but if the card company recognises your actual overseas address and is happy to continue to provide you with their services, then there should be no obstacle to a s75 claim even if the relevant purchase is outside the UK.

Perhaps it would be worth fleshing out the specific scenario you have in mind or is this all just hypothesising?