We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Section 75 Time Limit to Action
breenp57
Posts: 4 Newbie
in Credit cards
I purchased, partly by credit card, an overseas timeshare in 2010 off plans to be ready for occupancy in 2013.
Delays due to global financial crisis has resulted in complex still not ready although build has now resumed.
I am now considering trying to opt out of this purchase but initially the company has refused any refund.
Am I able to progress this via Section 75 or am I out of time?
Delays due to global financial crisis has resulted in complex still not ready although build has now resumed.
I am now considering trying to opt out of this purchase but initially the company has refused any refund.
Am I able to progress this via Section 75 or am I out of time?
0
Comments
-
You have the same rights with the card company as with the timeshare company.
What do your terms say re withdrawal?0 -
Section 75 covers misrepresentation or breach of contract.
Has the timeshare company breached the contract?
For example, was completion by 2013 a definitive term in the contract, or just an estimate? Or does the contract say you are allowed to claim a refund, which they are now refusing?
In England/Wales you have 6 years from the date of a breach of contract to make a claim. So if there was a breach in 2013, you have until 2019 to make a claim.0 -
In England/Wales you have 6 years from the date of a breach of contract to make a claim. So if there was a breach in 2013, you have until 2019 to make a claim.
Usually the case, but can be different if deeds are involved.
But as the contract was formed overseas, limitation might be different.0 -
chattychappy wrote: »Usually the case, but can be different if deeds are involved....
The time limit for actions founded on simple contract is six years from the date on which the cause of action accrued.
What other grounds are you suggesting apply?chattychappy wrote: »...But as the contract was formed overseas, limitation might be different.
In that overseas jurisdiction. If the contract was indeed formed overseas.0 -
The time limit for actions founded on simple contract is six years from the date on which the cause of action accrued
Correct.What other grounds are you suggesting apply?
Not "grounds" as such. If an agreement is signed under deed, then limitation is 12 years. Deeds are more common for large transactions eg land or situation where there is no consideration.
There is also some authority that parties can agree different limitation periods, though anything agreeing to shorten it might not be stand up in the case of a consumer claim.In that overseas jurisdiction. If the contract was indeed formed overseas.
Yes, we don't really know. And if the payment was made via third parties/agents or whatever, then S75 might be defeated.
Here's a nice summary of limitation in different jurisdictions:
https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=10 -
chattychappy wrote: »...Not "grounds" as such. If an agreement is signed under deed, then limitation is 12 years. Deeds are more common for large transactions eg land or situation where there is no consideration....
They are listed in the Limitation Act 1980
https://www.legislation.gov.uk/ukpga/1980/58chattychappy wrote: »...Here's a nice summary of limitation in different jurisdictions:
https://uk.practicallaw.thomsonreuters.com/1-518-8770?transitionType=Default&contextData=(sc.Default)&firstPage=true&bhcp=1
That might help the OP should they wish to take legal action in a different jurisdiction,0 -
That might help the OP should they wish to take legal action in a different jurisdiction,
Only if the OP is going after the seller directly.
The OP can't use S75 in a foreign jurisdiction. S75 is UK law governing a consumer credit agreement formed in the UK, so the OP would take take action through UK courts. S75 covers "misrepresentation" and "breach of contract". For a contract formed overseas, the UK court would likely have to interpret breach/misrep according to the foreign law.
Governing law and jurisdiction are different concepts.0 -
Many thanks for all the feedback. Generally not looking too promising for me to make a claim but with the leads provided I will refer back to the purchase agreement for detail.
I asked the question before I spend time doing this as, if there was a clear 'no chance', then I would know not to spend time investigating further.0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 353.2K Banking & Borrowing
- 254K Reduce Debt & Boost Income
- 454.9K Spending & Discounts
- 246.3K Work, Benefits & Business
- 602.5K Mortgages, Homes & Bills
- 177.9K Life & Family
- 260.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards