Section 75 and grey area

TheOldGeezer

If I use my credit card to pay £1 of a £120 pound product and my partner uses her debit card for the other £119 ... can I claim section 75 for the whole £120 if there is a problem with the product?

la531983

Well no, because SHE has bought it, there is no debtor-creditor relationship.

Why cant she just use a credit card and pay the whole thing?

p00hsticks

If you were paying the £119 on your debit card I'm confident that the answer would be yes, but I'm not so sure when two separate parties are involved who would be regarded as the actual purchaser.....

DullGreyGuy

TheOldGeezer said:

If I use my credit card to pay £1 of a £120 pound product and my partner uses her debit card for the other £119 ... can I claim section 75 for the whole £120 if there is a problem with the product?

Depends on who is in contract to make the purchase? 
Also assumes you paid the money to the supplier of the goods rather than a middleman (eg Amazon Marketplace, eBay etc)

If you had done this in a shop and the other £119 was on your debit card then the answer would most likely have been yes. Because two people are involved in the purchase and you dont say where its bought then its greyer. 

la531983

p00hsticks said:

If you were paying the £119 on your debit card I'm confident that the answer would be yes, but I'm not so sure when two separate parties are involved who would be regarded as the actual purchaser.....

Likely the person who has funded over 99% of the purchase.....

Really not sure why the OP wants to over complicate life. Put it all on one credit card, in her name. Its £120, not £12000, no retailer is going to get sniffy about a CC purchase of that size.

born_again

TheOldGeezer said:

If I use my credit card to pay £1 of a £120 pound product and my partner uses her debit card for the other £119 ... can I claim section 75 for the whole £120 if there is a problem with the product?

Without more information. You can't say.

Ring your CC, they can ask all the required questions & give you a answer.

Just remember S75 is not a cover all insurance policy/get out of jail free card.

It only covers "breach of contract &/or misrepresentation"

TheOldGeezer

My partner doesn't have a credit card.  So it appears the answer is simple.  I buy the product and she transfers the money to me.  That way it's covered.

Grumpy_chap

TheOldGeezer said:

My partner doesn't have a credit card.  So it appears the answer is simple.  I buy the product and she transfers the money to me.  That way it's covered.

I don't think that would work.

You buy the product, paying in full on your CC.  At that point in time there is the debtor - creditor - supplier relationship.

If you then gift or resell the item, that relationship ceases to be.

35har1old

p00hsticks said:

If you were paying the £119 on your debit card I'm confident that the answer would be yes, but I'm not so sure when two separate parties are involved who would be regarded as the actual purchaser.....

Does it benefit  both of you?

born_again

TheOldGeezer said:

My partner doesn't have a credit card.  So it appears the answer is simple.  I buy the product and she transfers the money to me.  That way it's covered.

Not always.
Without knowing exactly what you are buying no one can say.

For the amount you are spending there are other options than S75.

DullGreyGuy

Grumpy_chap said:

TheOldGeezer said:

My partner doesn't have a credit card.  So it appears the answer is simple.  I buy the product and she transfers the money to me.  That way it's covered.

I don't think that would work.

You buy the product, paying in full on your CC.  At that point in time there is the debtor - creditor - supplier relationship.

If you then gift or resell the item, that relationship ceases to be.

If that were true then if you paid off the debt or closed the account you'd no longer have protection as you are no longer a debtor. The relationship only needs to exist at the point of purchase/supply. 

https://www.financial-ombudsman.org.uk/decision/DRN-3382396.pdf

The above is an example of such a case where a chap bought a car as a gift for his son/daughter in law. The ombudsman upheld the case accepting that the chap was the contracting party and so the D-C-S relationship required for S75 applied.