Section 75 credit card claim - Barclaycard doesn't have an answer to my question..

Davvo_100

Section 75 credit card claim query please...

I have spoken to one of Barclaycard's call agents, but they didn't have an answer, and said: "I'm sorry, I don't know"..

The purchase was a used car.

A deposit was made through my credit card, and then 99% of the payment was made by two bank transfers on the premises.

The problem is, I sent one bank transfer from my current account, and a family member sat with me, did another through their own current account (both non Barclays)

I can't find out if their payment will be covered under my section 75 credit card claim please?
It may matter where all the payments came from. The trader absolutely breached their contract with me, but the source of the other payment is my concern for the claim.

I've tried Googling for an answer, but don't know how to word this to get any search results!


Also, if you don't mind another question...
Can I claim for reasonable costs incurred as part of a S75 claim? I have all the receipts, and valid reasons for the expenses.

Thank you

born_again

Submit the claim & let the team that deal with S75 make the decision. If not happy with the decision, you can complain & let it go to FOS to rule on.

2nd question, is all going to depend on the basis of the claim & what happened.

Davvo_100

born_again said:

Submit the claim & let the team that deal with S75 make the decision. If not happy with the decision, you can complain & let it go to FOS to rule on.

2nd question, is all going to depend on the basis of the claim & what happened.

Mine's a really complicated case 

I've been advised to open a MCOL, and run a section 75 alongside it (I've followed correct procedure for the MCOL using CAB templates and all done within the timescales etc)

The problem is, if I do this, it's likely a section 75 would come to a conclusion before a court date comes up, then it'll hamper a court case application already in place.

If Barclaycard only offer a partial reimbursement, then I'll be in a mess with the court claim, which you can't chop and change the details of. 

I hope I'm making sense. It's really difficult to put this into words..

HillStreetBlues

Davvo_100 said:

A deposit was made through my credit card, and then 99% of the payment was made by two bank transfers on the premises.

The problem is, I sent one bank transfer from my current account, and a family member sat with me, did another through their own current account (both non Barclays)

Were the two bank transfers split equally?

DullGreyGuy

As long as you are the debtor, your creditor paid the supplier and you are in contract with the supplier then who provided the funds or made the payments for any other amount of your liability under the contract is irrelevant assuming the goods were within the financial limits of S75

S75 is a really simple legislation... its only 5 clauses

Wonka_2

Davvo_100 said:

born_again said:

Submit the claim & let the team that deal with S75 make the decision. If not happy with the decision, you can complain & let it go to FOS to rule on.

2nd question, is all going to depend on the basis of the claim & what happened.

Mine's a really complicated case 

In which case, given the advice you're looking for, then more details are needed. The issue being that's likely to bring the focus to the chance of success (or otherwise) of your case rather than the specific question you've asked.

FWIW even if you were successful on a S75 claim for a used car (and there don't appear to be that many successes) I can't see them paying up more than you personally transacted for the vehicle - but then it all depends how the transaction was recorded by the dealer and why part of it was paid by a family member (can you prove they didn't have any interest in the vehicle)

ETA cross posted with @DullGreyGuy and I'd bow to his greater regulatory knowledge

Davvo_100

HillStreetBlues said:

Davvo_100 said:

A deposit was made through my credit card, and then 99% of the payment was made by two bank transfers on the premises.

The problem is, I sent one bank transfer from my current account, and a family member sat with me, did another through their own current account (both non Barclays)

Were the two bank transfers split equally?

No unfortunately. My daughter sent over more than me. 

Davvo_100

Wonka_2 said:

Davvo_100 said:

born_again said:

Submit the claim & let the team that deal with S75 make the decision. If not happy with the decision, you can complain & let it go to FOS to rule on.

2nd question, is all going to depend on the basis of the claim & what happened.

Mine's a really complicated case 

In which case, given the advice you're looking for, then more details are needed. The issue being that's likely to bring the focus to the chance of success (or otherwise) of your case rather than the specific question you've asked.

FWIW even if you were successful on a S75 claim for a used car (and there don't appear to be that many successes) I can't see them paying up more than you personally transacted for the vehicle - but then it all depends how the transaction was recorded by the dealer and why part of it was paid by a family member (can you prove they didn't have any interest in the vehicle)

ETA cross posted with @DullGreyGuy and I'd bow to his greater regulatory knowledge

Is there a reason why used cars fail with section 75's? I don't get why really. The trader sold a car proven unfit for purpose / not roadworthy, false MOT etc.
I have proof to back my claims, so why would it be different to any other claim for breach of contract? 

The costs incurred were for the post-sale independent inspection / another MOT to prove the condition of the car (amongst some other reasonable costs)

The transfer paid by my daughter was a just short term loan to enable me to buy a car.
If she had transferred the money to me prior, then I wouldn't be in the pickle. I've kicked myself over it many times believe me.

She had no interest in the car other than helping me out. She lives 40 odd miles away, and wouldn't be able to access it because of distance. She has no need to use it, even if she were closer to me (her own car is far newer and better!) 

All I have from the trader is a VAT invoice for the car which says I paid the deposit by credit card, and states the final balance to pay. It is then stamped 'PAID' underneath - They haven't stated how the 99.9% balance was payment was received or by who.

The invoice is a complete mess to be honest, but if I go into that saga, I'll be here forever I think, and everyone will be bored to tears

Davvo_100

DullGreyGuy said:

As long as you are the debtor, your creditor paid the supplier and you are in contract with the supplier then who provided the funds or made the payments for any other amount of your liability under the contract is irrelevant assuming the goods were within the financial limits of S75

S75 is a really simple legislation... its only 5 clauses

Sorry, my fault, not yours, but I go into a brain freeze with some terms, ie the debtor / creditor part. 

So basically, it doesn't matter that my daughter made a payment? Her bank transfer was far larger than mine too, and someone has asked about this here..

km1500

it depends on why your daughter made the payment

if the payment was a gift to you an unconditional gift then it would count as your money as is the case with all unconditional gifts

if the payment was a loan to you then it would also count in the same way as if for example you had got a loan from a bank to pay some of the car - it would effectively be your money

born_again

The costs incurred were for the post-sale independent inspection / another MOT to prove the condition of the car (amongst some other reasonable costs)

Inspection will be part of S75. 
MOT, no need as inspection would cover that.
What are the other costs?

Cars are a hard judge, as age, mileage condition all come into play with  unfit for purpose / not roadworthy.
Not sure what is exactly meant by false MOT. As MOT is a check on a car at that point in time nothing more.

I would also add, do not think S75 will be quick. In cases like this months will be the norm.