Section 75 - After CCJ

unhappy_customer2023

Hi,

We had our garden entirely landscaped last summer, we have had significant issues with the patio they laid, which to cut a long story short has ended up in us going down the court claim route to reclaim funds to have it relayed properly by a separate company. 

We paid for the entire works on my Amex Credit card, in the event of the court issuing the judgment and the third party refusing (or being unable to) refund us the money. Are we able to use the Section 75 protection to get American Express to refund us under section 75? 

DullGreyGuy

Assuming its an AmEx credit card, they offer charge cards as well, then a S75 right is likely to exist as long as the normal conditions are met (account holder and supplier were in contract, payment was made directly to the supplier not via a third party like PayPal etc).

The CCJ itself is unnecessary to pursue AmEx and if it was entered by default (ie the defendant didnt respond) it wont help your case against AmEx as the case technically hasnt been proven. If its contested the the judge rules in your favour that may make the S75 process easier, especially if its a written judgement (though most are handed down verbally in the small claims court)

Nebulous2

You seem to have gone down a route of pursuing the contractor. You could have pursued them both and raised a joint claim against Amex and the contractor. 

born_again

Speak to Amex, ask what they need & start the claim.
Best guess they will want a 3rd party report on the patio.

DullGreyGuy

Nebulous2 said:

You seem to have gone down a route of pursuing the contractor. You could have pursued them both and raised a joint claim against Amex and the contractor. 

whilst you could, with Amex you are much better off going to the Financial Ombudsman rather than court given its free and ultimately more customer leaning than the court who are impartial 

Nebulous2

DullGreyGuy said:

Nebulous2 said:

You seem to have gone down a route of pursuing the contractor. You could have pursued them both and raised a joint claim against Amex and the contractor. 

whilst you could, with Amex you are much better off going to the Financial Ombudsman rather than court given its free and ultimately more customer leaning than the court who are impartial 

In some ways both are premature, as we have no evidence the OP has even spoken to Amex about it yet.

However, in making a small court claim anyway, there would be nothing to lose and potentially some gain, in making the claim against Amex and the contractor, if they had taken prior steps such as a LBA.