Section 75...business purchase on a personal credit card covered or not??

Computersaysno
Computersaysno Posts: 1,243 Forumite
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edited 8 August 2023 at 2:42PM in Credit cards
Section 75 is an amazing protection that has helped millions[?] of people to get refunds.
 
 know that Section 75 protection doesn't work on a Business Credit Card.

If I purchase something business related for my 'side hustle' on a personal credit card, do I get Section 75 protection?
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  • Computersaysno
    Computersaysno Posts: 1,243 Forumite
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    So I know that Section 75 doesn't work on any Business Credit Card.

    If I purchase something for my 'side hustle' on a personal credit card, do I get Section 75 protection??
  • eskbanker
    eskbanker Posts: 36,740 Forumite
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    edited 8 August 2023 at 2:43PM
    If you personally are the one for whom the purchase is being made (as opposed to, say, a limited company) and all contract/invoice documentation is in your name and so on, then the purchase should have s75 protection, provided it complies with all the relevant requirements about item value, etc.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
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    If you can reasonably claim that it's for personal use - if it's an item that could equally serve 'personal' use and not obviously solely 'business', then why not?
    Naughty, but hey.
  • Bradden
    Bradden Posts: 1,202 Forumite
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    I think the answer is legally no - you would not be covered - it's just unlikely the retailer will know.


  • MSE_ForumTeam5
    MSE_ForumTeam5 Posts: 1,243 Community Admin
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  • eskbanker
    eskbanker Posts: 36,740 Forumite
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    Bradden said:
    I think the answer is legally no - you would not be covered
    Under what legislation?

    https://forums.moneysavingexpert.com/discussion/comment/75402292#Comment_75402292
  • DullGreyGuy
    DullGreyGuy Posts: 17,496 Forumite
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    Section 75 is an amazing protection that has helped millions[?] of people to get refunds.
     
     know that Section 75 protection doesn't work on a Business Credit Card.

    If I purchase something business related for my 'side hustle' on a personal credit card, do I get Section 75 protection?
    The CCA states an agreement is in scope if it only includes:

    an individual acting for purposes outside those of any trade, business or profession carried on by the individual

    But this is where you get into a bit of interpretation because that's in relation to the credit agreement not the individual transaction and so if you wanted a more certain answer you'd need to trawl through the FOS website's decisions to see if there are any cases involving S75 and personal cards for business purposes. 
  • eskbanker
    eskbanker Posts: 36,740 Forumite
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    The CCA states an agreement is in scope if it only includes:

    an individual acting for purposes outside those of any trade, business or profession carried on by the individual 
    I've only found that wording in 8.3(b), where it's qualified to relate specifically to property transactions, were you referring to that or something else?
  • Many personal credit card agreements say they can't be used for business purposes.
    If this is included, then enforcing S75 on anything clearly business related would be difficult.
  • eskbanker
    eskbanker Posts: 36,740 Forumite
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    edited 30 April 2024 at 5:24PM
    Many personal credit card agreements say they can't be used for business purposes.
    If this is included, then enforcing S75 on anything clearly business related would be difficult.
    Point taken, but Ts & Cs can't override statutory rights, so once a card company has funded a purchase, I don't believe that it can legitimately deny the cardholder their consequent legal rights under CCA for that transaction.  When OP returns to the thread, perhaps they'll clarify more about the purchase and which credit card provider it is....
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