Point of sale credit agreement & s 75 Consumer Credit Act redress

RaRaDisAppointrd

I would be grateful if someone could tell me if I’ve got something right before I blunder in..

I paid a debit card deposit on a bathroom refit (goods & services) & the balance to be with a consumer credit finance loan

I’ve raised a Consumer Rights Act complaint & the company have checked problems & agree rectification needed (‘within two months’ with a leaking shower base). I have that admission of liability if I should wish to sue. 

I’m waiting for formal proposals & timeframes before I can weight up online legal claim (less than £10,000)

But am thinking about letter to credit provider (Clydesdale Finance, ultimately run by Barclays)

1 Am I right in thinking a point of sale credit loan is covered by s 75?
2 I’d claim to both the finance company & Barclays?
3 Has anyone run a Consumer Rights Act complaint alongside a Consumer Credit Act one? NB I am of course aware that you don’t get compensated twice - I just don’t know timings? Concurrent claims or save bank till later?

Thanks 

BoGoF

You would be better asking for this to be moved to the Customer Rights Board a

DullGreyGuy

RaRaDisAppointrd said:

I would be grateful if someone could tell me if I’ve got something right before I blunder in..

I paid a debit card deposit on a bathroom refit (goods & services) & the balance to be with a consumer credit finance loan

I’ve raised a Consumer Rights Act complaint & the company have checked problems & agree rectification needed (‘within two months’ with a leaking shower base). I have that admission of liability if I should wish to sue. 

I’m waiting for formal proposals & timeframes before I can weight up online legal claim (less than £10,000)

But am thinking about letter to credit provider (Clydesdale Finance, ultimately run by Barclays)

1 Am I right in thinking a point of sale credit loan is covered by s 75?
2 I’d claim to both the finance company & Barclays?
3 Has anyone run a Consumer Rights Act complaint alongside a Consumer Credit Act one? NB I am of course aware that you don’t get compensated twice - I just don’t know timings? Concurrent claims or save bank till later?

You need to better explain how the finance was arranged and who the money initially went to?

If you went to your bank, got a loan, loan was paid into your current account, you then paid the company with the money then there is no Section 75 protection as its missing the 3 way relationship required.

If the merchant arranged credit for you and the loan was paid directly to them then S75 most likely does apply assuming the services were rendered by the merchant and weren't contracted out. 


2) You claim against the legal entity that provided the finance, you have no claim against parent companies etc unless the loan states there is a parental guarantee or such (which it won't)

3) You'd normally do it sequentially. Your bank is going to ask for an independent expert report which you will have to pay for and can add to the cost of your claim against them. Your clearly risk the company themselves making settlement first thus nullifying your claim against the bank and leaving you out of pocket for the report. 

RaRaDisAppointrd

DullGreyGuy said:

RaRaDisAppointrd said:

I would be grateful if someone could tell me if I’ve got something right before I blunder in..

I paid a debit card deposit on a bathroom refit (goods & services) & the balance to be with a consumer credit finance loan

I’ve raised a Consumer Rights Act complaint & the company have checked problems & agree rectification needed (‘within two months’ with a leaking shower base). I have that admission of liability if I should wish to sue. 

I’m waiting for formal proposals & timeframes before I can weight up online legal claim (less than £10,000)

But am thinking about letter to credit provider (Clydesdale Finance, ultimately run by Barclays)

1 Am I right in thinking a point of sale credit loan is covered by s 75?
2 I’d claim to both the finance company & Barclays?
3 Has anyone run a Consumer Rights Act complaint alongside a Consumer Credit Act one? NB I am of course aware that you don’t get compensated twice - I just don’t know timings? Concurrent claims or save bank till later?

You need to better explain how the finance was arranged and who the money initially went to?

If you went to your bank, got a loan, loan was paid into your current account, you then paid the company with the money then there is no Section 75 protection as its missing the 3 way relationship required.

If the merchant arranged credit for you and the loan was paid directly to them then S75 most likely does apply assuming the services were rendered by the merchant and weren't contracted out. 


2) You claim against the legal entity that provided the finance, you have no claim against parent companies etc unless the loan states there is a parental guarantee or such (which it won't)

3) You'd normally do it sequentially. Your bank is going to ask for an independent expert report which you will have to pay for and can add to the cost of your claim against them. Your clearly risk the company themselves making settlement first thus nullifying your claim against the bank and leaving you out of pocket for the report. 

That’s v helpful, thanks