Section 75 limit

chrisinwales

No time limit of S75 is mentioned MSE. 
I am exploring a claim concerning a roof installation over 10years ago paid wholly by credit card which had a 20yr Guarantee. The fault incident was in March 2023. Preliminary enquiries via Solicitor to take small claims route  suggested 6yr limit  (SofL) may preclude claim ? 

HillStreetBlues

Limits are 6 Years in England & Wales 5 years in Scotland

eskbanker

If the contract is for a 20 year guarantee, I don't believe that rights are only enforceable for the first six years of that, so if there's an incident later on but still within the term of the contract then that should still be regarded as an actionable breach....

HillStreetBlues

What have the roofers said?  are they still in business?

You can only claim from credit card in this situation if you trying getting the roofers to do it
If they refuse then the limit starts.

Also as with all guarantees they would go though it with a fine tooth comb.

DullGreyGuy

chrisinwales said:

No time limit of S75 is mentioned MSE. 
I am exploring a claim concerning a roof installation over 10years ago paid wholly by credit card which had a 20yr Guarantee. The fault incident was in March 2023. Preliminary enquiries via Solicitor to take small claims route  suggested 6yr limit  (SofL) may preclude claim ? 

If you have paid for legal advice there is little point asking here... S75 simply replicates your rights from the merchant to the lender and so the same statute of limitations applies.

HillStreetBlues said:

You can only claim from credit card in this situation if you trying getting the roofers to do it
If they refuse then the limit starts.

Please quote which clause you are basing this on... or just blindly repeating urban myths? 

https://www.legislation.gov.uk/ukpga/1974/39/section/75 there are only 5 clauses to choose from so can't be hard @HillStreetBlues

HillStreetBlues

DullGreyGuy said:

chrisinwales said:

No time limit of S75 is mentioned MSE. 
I am exploring a claim concerning a roof installation over 10years ago paid wholly by credit card which had a 20yr Guarantee. The fault incident was in March 2023. Preliminary enquiries via Solicitor to take small claims route  suggested 6yr limit  (SofL) may preclude claim ? 

If you have paid for legal advice there is little point asking here... S75 simply replicates your rights from the merchant to the lender and so the same statute of limitations applies.

HillStreetBlues said:

You can only claim from credit card in this situation if you trying getting the roofers to do it
If they refuse then the limit starts.

Please quote which clause you are basing this on... or just blindly repeating urban myths? 

https://www.legislation.gov.uk/ukpga/1974/39/section/75 there are only 5 clauses to choose from so can't be hard @HillStreetBlues

I don't think it's hard,  but I'm not the one missing the very first one!

S75
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

S75 covers for a breach of contract,  any guarantee forms part of a contract, if roofer fails to honour guarantee that's when the breach starts.






Bit of further reading might help

https://uk.practicallaw.thomsonreuters.com/w-033-1236?transitionType=Default&contextData=(sc.Default)&firstPage=true

Is there a limitation period for bringing a section 75 claim?

Claims are subject to the usual limitation rules regarding breach of contract or misrepresentation claims. For example, in England, a debtor's claim against the supplier for breach of contract will normally be one founded on simple contract and so barred after the expiration of six years from the date on which the cause of action accrued (section 5, Limitation Act 1980 (LA 1980)). The claim against the creditor would be an action to recover any sum by virtue of any enactment and so also barred after the expiration of six years from that date (section 9, LA 1980).

As you can see it starts from the "cause of action"  NOT date of purchase.

DullGreyGuy

HillStreetBlues said:

DullGreyGuy said:

chrisinwales said:

No time limit of S75 is mentioned MSE. 
I am exploring a claim concerning a roof installation over 10years ago paid wholly by credit card which had a 20yr Guarantee. The fault incident was in March 2023. Preliminary enquiries via Solicitor to take small claims route  suggested 6yr limit  (SofL) may preclude claim ? 

If you have paid for legal advice there is little point asking here... S75 simply replicates your rights from the merchant to the lender and so the same statute of limitations applies.

HillStreetBlues said:

You can only claim from credit card in this situation if you trying getting the roofers to do it
If they refuse then the limit starts.

Please quote which clause you are basing this on... or just blindly repeating urban myths? 

https://www.legislation.gov.uk/ukpga/1974/39/section/75 there are only 5 clauses to choose from so can't be hard @HillStreetBlues

I don't think it's hard,  but I'm not the one missing the very first one!

S75
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

S75 covers for a breach of contract,  any guarantee forms part of a contract, if roofer fails to honour guarantee that's when the breach starts.






Bit of further reading might help

https://uk.practicallaw.thomsonreuters.com/w-033-1236?transitionType=Default&contextData=(sc.Default)&firstPage=true

Is there a limitation period for bringing a section 75 claim?

Claims are subject to the usual limitation rules regarding breach of contract or misrepresentation claims. For example, in England, a debtor's claim against the supplier for breach of contract will normally be one founded on simple contract and so barred after the expiration of six years from the date on which the cause of action accrued (section 5, Limitation Act 1980 (LA 1980)). The claim against the creditor would be an action to recover any sum by virtue of any enactment and so also barred after the expiration of six years from that date (section 9, LA 1980).

As you can see it starts from the "cause of action"  NOT date of purchase.

The first bit @hillstreetblues....

You can only claim from credit card in this situation if you trying getting the roofers to do it

Nothing you have quoted states that you require the roofer to do anything at all. Its repeated here endless times that you have to get the merchants to try to fix it first before S75 applies.

A guarantee doesn't necessarily form part of the contract, for example if it's from the manufacturer rather than the retailer. 

The second article is absolutely correct, the 6 years starts from the date of the breach of contract. So if you buy a TV that breaks down after 3 years then the argument is that it had an intrinsic fault and so the breach of contract was at the date of fulfilment, not date of breakdown. If you sign up to a 5 year contract for unlimited access to a gym and after 4 years it closes down then its the date it closes that the contract is breached.

HillStreetBlues

DullGreyGuy said:

The first bit @hillstreetblues....

You can only claim from credit card in this situation if you trying getting the roofers to do it

Nothing you have quoted states that you require the roofer to do anything at all. Its repeated here endless times that you have to get the merchants to try to fix it first before S75 applies.

You're failing to grasp one issue, the breach only starts if the roofers fail to carry out the guarantee.

You can not go to the credit card company first as there has been no breach at that time.

If the roofers agree to the comply with the 20 year guarantee, then there is no breach so S75 won't apply.
If roofers don't comply then S75 does apply.

DullGreyGuy

HillStreetBlues said:

DullGreyGuy said:

The first bit @hillstreetblues....

You can only claim from credit card in this situation if you trying getting the roofers to do it

Nothing you have quoted states that you require the roofer to do anything at all. Its repeated here endless times that you have to get the merchants to try to fix it first before S75 applies.

You're failing to grasp one issue, the breach only starts if the roofers fail to carry out the guarantee.

You can not go to the credit card company first as there has been no breach at that time.

If the roofers agree to the comply with the 20 year guarantee, then there is no breach so S75 won't apply.
If roofers don't comply then S75 does apply.

Lots of assumptions there... but you can take it up with the Financial Ombudsman on behalf of the OP given the FOS also deemed it statute barred.

HillStreetBlues

DullGreyGuy said:

Lots of assumptions there... but you can take it up with the Financial Ombudsman on behalf of the OP given the FOS also deemed it statute barred.

Glad you finally seemed understand about breach of contract, as you haven't disagreed with that.

born_again

DullGreyGuy said:

HillStreetBlues said:

DullGreyGuy said:

The first bit @hillstreetblues....

You can only claim from credit card in this situation if you trying getting the roofers to do it

Nothing you have quoted states that you require the roofer to do anything at all. Its repeated here endless times that you have to get the merchants to try to fix it first before S75 applies.

You're failing to grasp one issue, the breach only starts if the roofers fail to carry out the guarantee.

You can not go to the credit card company first as there has been no breach at that time.

If the roofers agree to the comply with the 20 year guarantee, then there is no breach so S75 won't apply.
If roofers don't comply then S75 does apply.

Lots of assumptions there... but you can take it up with the Financial Ombudsman on behalf of the OP given the FOS also deemed it statute barred.

There is.
But without knowing exactly what the OP's issue is, what has been done to resolve etc. Then, as OP has taken legal advice. I would default to what they were given.