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S75 rights
Good Morning/afternoon/evening
I am just looking for clarification on S75 credit card claims for future knowledge.
I purchased a pool heater via Clearpay using my credit card to make payments.
I now have to return for a refund as it’s faulty.
If the retailer starts being erm silly can I rely on S75 protections or would I be stuffed because I used Clearpay?
thanks in advance for the info.
Comments
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S75 requires a direct link between debtor and creditor, using a BNPL like ClearPay to pay over terms breaks that
Sam Vimes' Boots Theory of Socioeconomic Unfairness:
People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.
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BNPL isn't covered by Section 75… yet.
From July that will change once regulation begins.
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There would be no claim on the credit card because it wasnt used to directly pay the merchant.
At present Clearpay only offers unregulated credit so S75 of the regulations dont apply to it. Klarna as a different example has a range of credit products of which some are regulated so S75 applies and others are unregulated so it would depend on exactly which of their products you used but the claim would be against Klarna not the credit card.
There is discussions of changing the rules around BNPL but its too early to see if that will be bringing them fully into the scope of the CCA, a lighter version which may or may not include S75/S75a and if there are still some exceptions that business decide to adjust their offerings to meet.
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