Section 75 time limit query

gerdo

Hello all,  does the section 75 claim time limit start from when I first made the purchase or from when I become aware of the problem with the supplier?

Thanks.

[Deleted User]

There's no time limit. It's all bespoke to your particular case.

gerdo

I had read that there was a limit of 120 days but wasn't sure when that started from.

[Deleted User]

It doesn't.

That's for a chargeback.

eddddy

A section 75 claim is for 'breach of contract'. In England and Wales a breach of contract claim must be brought within 6 years of the breach occurring.  In Scotland it's 5 years.

You mention a 'problem with the supplier' - Section 75 specifically applies to breach of contract or misrepresentation. So the 'problem' needs to fall into those categories.

As above, it looks like you've been reading about chargeback limits of 120 days.

phillw

eddddy said:

A section 75 claim is for 'breach of contract'. In England and Wales a breach of contract claim must be brought within 6 years of the breach occurring.  In Scotland it's 5 years.

You mention a 'problem with the supplier' - Section 75 specifically applies to breach of contract or misrepresentation. So the 'problem' needs to fall into those categories.

It doesn't have to be an explicit contract, the consumer rights act 2015 has statutory implied contractual terms.

Sandtree

phillw said:

eddddy said:

A section 75 claim is for 'breach of contract'. In England and Wales a breach of contract claim must be brought within 6 years of the breach occurring.  In Scotland it's 5 years.

You mention a 'problem with the supplier' - Section 75 specifically applies to breach of contract or misrepresentation. So the 'problem' needs to fall into those categories.

It doesn't have to be an explicit contract, the consumer rights act 2015 has statutory implied contractual terms.

It doesnt have to be a written contract, if thats what you mean, but it does have to be a correctly formed contract which in England would be offer, acceptance and consideration, all of which can be done verbally or even non-verbally when you buy your shopping at a self checkout. The lack of a piece of paper doesnt mean there isnt an explicit contract.

S75 itself has no time limit but simply mirrors your rights to the lender and so the timelimit comes from the underlying rights instead.

eddddy

phillw said:

eddddy said:

A section 75 claim is for 'breach of contract'. In England and Wales a breach of contract claim must be brought within 6 years of the breach occurring.  In Scotland it's 5 years.

You mention a 'problem with the supplier' - Section 75 specifically applies to breach of contract or misrepresentation. So the 'problem' needs to fall into those categories.

It doesn't have to be an explicit contract, the consumer rights act 2015 has statutory implied contractual terms.

There would have been a contract - written, verbal, implied or otherwise.

The Consumer Rights Act automatically adds some extra contract terms to the contract - those extra contract terms are what you are describing as "statutory implied contractual terms".

If a merchant breaches those "statutory implied contractual terms" - that is a breach of contract, just like any other breach of contract. So a section 75 claim is still relevant.


(But obviously there are cavaets etc. For example, section 75 of the Consumer Credit Act only applies to consumer contracts, requires a "Debtor, Creditor, Supplier relationship", etc, etc. And the Consumer Rights Act only applies to consumers. So for example. the OP hasn't confirmed that they're talking about a consumer contract.)

gerdo

Thanks all. The issue is that I want to book a hotel for August. It's still closed due to covid and I dont know if they will reopen but I can still book on their website. So will use my credit card so I'm covered if they dont open and I may lose my money.

ratechaser

gerdo said:

Thanks all. The issue is that I want to book a hotel for August. It's still closed due to covid and I dont know if they will reopen but I can still book on their website. So will use my credit card so I'm covered if they dont open and I may lose my money.

Fine if the hotel is closed and so therefore cancels your booking. But bear in mind that if you do book it, and it is open, but you can't or don't want to travel there because of COVID restrictions, S75 or chargeback won't help you. Far too many identical stories on this board where people think that they are protected but they are not - that's where you need travel insurance...

eskbanker

gerdo said:

Thanks all. The issue is that I want to book a hotel for August. It's still closed due to covid and I dont know if they will reopen but I can still book on their website. So will use my credit card so I'm covered if they dont open and I may lose my money.

Going back to your original question, for the record the chargeback timescales for future purchases are 120 days from the start of service delivery rather than purchase, so if you book in May for a stay in August then you could make a chargeback claim up to December, so if the hotel isn't open you have multiple potential options of a refund directly from the hotel, or chargeback, or section 75.