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Section 75 claim
Good morning, I’m asking on behalf of my son. At the end of January 2022 he purchased an electronic chip or something from a company. He didn’t receive, contacted them & they said they were waiting for parts. Never heard anything but in August 2022 the company went for voluntary strike off & dissolved in December 2022. I have since learnt that a lot of people got caught with no goods & costing them money! My son never received the goods & ended up paying off the debt on his credit card plus interest. €1330 initial cost. A few months ago he told me about this so I told him to get in contact with his bank, the bank have already cancelled his credit card as he got himself into further debt & had passed the debt to a debt collector. He explained to the debt company & they told him to contact the bank & explain the situation. The bank have told him there is nothing he can do as they have cancelled his card. Unfortunately, he didn’t know there was anything he could have done, don’t think he realised that you are protected. Yes I know he should have chased up more but I am sure the company stopped all communications. Any advice appreciated.
Comments
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Back in 2022 was 'any' attempt made to recoup the money via the bank?
This is outside my field of knowledge but I suspect if nothing had been started 4 years ago then you are likely to be out of time to start any claim now, which leaves the debt payable unfortunately.
Also just to check this had nothing to do with the 2021 issue with the scooter?
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Pretty sure over 4.5 years after the fact he would have no recourse whatsoever
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s75 is only limited by the 6 year statute of limitations. You need to impress on the bank that it is a s75 claim for breach of contract and not a chargeback for failure to supply / refund which is out of time.
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Thank you for all the advice. The company only operated for just over a year. What he bought was crypto stuff? The invoice had no address or company house number so I’m sure all a scam. I’m more than happy to complete section 75 document for breach of contract, but obviously there is no company now to have a dispute with. Is this a good option to try under the circumstances? The say ignorance is bliss, but in this case it cost him money!
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Hang on. How did he EXACTLY buy the thing in question? If it was with crypto, he may as well stop this pursuit now.
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Do you mean he was buying something like a GPU to try and farm crypto or was he buying some sort of equipment to make his own coins or what?
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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The good news is that neither the fact that the supplier went under nor the closure of the card account (nor the passage of time for that matter) prevents a s75 claim but if he hopes to sustain one for breach of contract then the first port of call will be to locate documentary support of the contract, i.e. exactly what was purchased and under what terms. He will clearly need to be somewhat more specific than "an electronic chip or something" or "crypto stuff"…
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Who's card was this given the "I'M Happy to Complete".
What exactly was purchased? If it was Crypto. Then no chance of S75.
Life in the slow lane0 -
Thank you all for your comments. He bought 2 x Bobcat miner 300 868 MHz, ( whatever that is) he received an invoice with this information & showing he paid 1330.00€ with his Mastercard. . That is all the information he has. As I mentioned earlier, there is no company address or company registration no on the invoice. I think it was probably all a scam considering how short a time the company was trading. If anyone thinks he has a chance to recoup some of the original cost though section 75 breach of contract, I’ll give it a go. Many thanks.
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The invoice sounds a bit sketchy but does the stated company name tally with the merchant listed on his credit card statement? It doesn't really matter how dodgy a company may have been while trading - if they took payment by credit card and breached the contract by failing to deliver then this opens up a s75 claim.
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