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

DullGreyGuy

Davvo_100 said:

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..

Debtor - person who is borrowing the money - the credit card account holder (not a secondary card holder)
Creditor - person who is lending the money - the bank/lender who has issued the credit card
Supplier - person providing the goods or service - shop, car dealer, plumber
Third party - an extra person in the transaction that breaks the three way link between D-C-S - most commonly these are agents of the supplier like a travel agent who books a hotel for you

It certainly doesnt make any difference who paid towards the car itself once the S75 D-C-S requirement has been met. Certainly as the buyer of the vehicle you would have a claim for the breach of contract. The only place you may get into a sticky wicket on would be if someone else paid for the engineers report or such - wouldnt invalidate the claim but may mean that cannot be recovered unless you can evidence you had to reimburse them. 

grumbler

Any chance the car was for the daughter? In this case it can be 'a grey area' - 

purchased something in the name of someone other than the primary cardholder

• What does Section 75 cover?

DullGreyGuy

grumbler said:

Any chance the car was for the daughter? In this case it can be 'a grey area' - 

purchased something in the name of someone other than the primary cardholder

• What does Section 75 cover?

Its not a "grey area"... the Financial Ombudsman has very consistent outcomes. As long as the primary cardholder is the one forming the contract/named on the paperwork then it makes no difference if the item is going to be given as a gift or the cardholder will be reimbursed by the ultimate recipient. 

A easy to find example is https://www.financial-ombudsman.org.uk/decision/DRN-3382396.pdf where the primary cardholder bought a car as a gift for his kids. 

As you'll read the only "grey area" of the above case is the fact that the daughter in law was listed as the buyer and the cardholder as the delivery addressee but then there was a double arrow drawn between the two which the FOS accepted as meaning the form had been filled in wrong and the names should be reversed. 

Davvo_100

grumbler said:

Any chance the car was for the daughter? In this case it can be 'a grey area' - 

purchased something in the name of someone other than the primary cardholder

• What does Section 75 cover?

No, I was speaking truthfully earlier.

Her only involvement was to loan me some money short term / take me to view the car, and take me to collect it.

Davvo_100

DullGreyGuy said:

Davvo_100 said:

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..

Debtor - person who is borrowing the money - the credit card account holder (not a secondary card holder)
Creditor - person who is lending the money - the bank/lender who has issued the credit card
Supplier - person providing the goods or service - shop, car dealer, plumber
Third party - an extra person in the transaction that breaks the three way link between D-C-S - most commonly these are agents of the supplier like a travel agent who books a hotel for you

It certainly doesnt make any difference who paid towards the car itself once the S75 D-C-S requirement has been met. Certainly as the buyer of the vehicle you would have a claim for the breach of contract. The only place you may get into a sticky wicket on would be if someone else paid for the engineers report or such - wouldnt invalidate the claim but may mean that cannot be recovered unless you can evidence you had to reimburse them. 

Thank you for your help, and explanations; much appreciated! You've put my mind at rest for going ahead 😊

I was the only person who paid out for the costs, and kept all receipts.

One thing (which may seem minor,  but it all adds up) I had to send 3 letters by 'Special Delivery' post to the trader. Can I add those to my claim?

 

I've been told no I can't, but I believed I should be put back to the same financial position before the trader breached contract with me.

(I can't claim for the petrol money I gave my daughter in cash for 2 x 120 mile round trips to view then collect the car, hence trying to recoup what I can)

born_again

This is one of the area's where hindsight is a gem.

If someone else is lending funds for anything, get them to transfer to you & then you pay in full yourself. This takes any ambiguity & possible issues going forward.

I know this below is not S75, but cover the above nicely.

One I see on a regular basis, is someone using their card & paying for someone elses car insurance. Then wondering why the next year they are also paying for it...

Davvo_100

born_again said:

This is one of the area's where hindsight is a gem.

If someone else is lending funds for anything, get them to transfer to you & then you pay in full yourself. This takes any ambiguity & possible issues going forward.

I know this below is not S75, but cover the above nicely.

One I see on a regular basis, is someone using their card & paying for someone elses car insurance. Then wondering why the next year they are also paying for it...

Honestly, I am so cross with myself, but at the dealer's premises, we were sat at the desk, going through stuff, and my daughter (then VERY pregnant) was stressing about getting home.

The sales guy said "Ready to pay?!" and we'd forgotten to move the money to my account first.

It was a flash decision that she just sent him the chunk there and then, and I sent mine.

Only when things started going far down a hellish route, did I think: "Oh no, she paid them for the car too!"