Section 75 Claim
Hi All,
I put my house up for sale with Tepilo in August 2018 and they have since been sold to Emoov and gone into administration. I had a deferred payment in place with Shawbrook bank and was not due to pay them for the service until April 2019.
In effect I have a loan credit agreement with Shawbrook and I am looking to make a claim under section 75 as goods and services not received. Most of the templates request a refund but I'm not asking for one, I'm stating I wont be paying.
Surely I don't need to pay and reclaim. Does anyone have a template? or any experience?
Many Thanks
I put my house up for sale with Tepilo in August 2018 and they have since been sold to Emoov and gone into administration. I had a deferred payment in place with Shawbrook bank and was not due to pay them for the service until April 2019.
In effect I have a loan credit agreement with Shawbrook and I am looking to make a claim under section 75 as goods and services not received. Most of the templates request a refund but I'm not asking for one, I'm stating I wont be paying.
Surely I don't need to pay and reclaim. Does anyone have a template? or any experience?
Many Thanks
0
Comments
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You can't make a section 75 claim if you haven't paid anything, as there is no loss.
If the contract has now been terminated and nothing is owed, confirm with Emoov that the agreement is now cancelled.0 -
Deleted_User wrote: »You can't make a section 75 claim if you haven't paid anything, as there is no loss.
If the contract has now been terminated and nothing is owed, confirm with Emoov that the agreement is now cancelled.
The contract with Emoov may have been terminated but the contract to "pay later" with Shawbrook is still in place. Clearly I do not want to pay it to reclaim it. I want the contract void on the basis that it falls under section 75. Can I ask a small claims court to void a contract?0 -
You can if you want to make life difficult for yourself.
But if the agreement came about as direct result of the contract, rather than you sourcing your own finance, just confirm with Emoov and Shawbrook that they have cancelled it.0 -
Deleted_User wrote: »You can if you want to make life difficult for yourself.
But if the agreement came about as direct result of the contract, rather than you sourcing your own finance, just confirm with Emoov and Shawbrook that they have cancelled it.
So just write to them asking them to confirm that they will void the contract or I take them to the small claims court under section 75?0 -
Section 75 is for amounts already paid. A court won't entertain a small claims action against something that hasn't actually been paid."Facism arrives as your friend. It will restore your honour, make you feel proud, protect your house, give you a job, clean up the neighbourhood, remind you of how great you once were, clear out the venal and the corrupt, remove anything you feel is unlike you... [it] doesn't walk in saying, "our programme means militias, mass imprisonments, transportations, war and persecution."0
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Section 75 is for amounts already paid. A court won't entertain a small claims action against something that hasn't actually been paid.
Yes I understood that from your last reply. So am I correct in saying that you think I have two options...
1, Pay and then threaten the small claims court.
2, Ask for the contract to be set aside. If they do not agree to this where do I go from there? Simply not paying it is not an option as I don't want it to affect my credit history.0 -
OP, you need to take care here.
The following is an excerpt from the T&Cs. The highlighting is mine.
Pay Later
If you select the Pay Later option, such selection is conditional upon adherence to the Pay Later terms and conditions set out in Schedule 1. The Pay Later facility is offered to our customers by ourselves or the Finance Provider. By completing the instant credit application form to defer payment for the Package and any add-on Services you are entering into a separate credit agreement with the Finance Provider which is not connected to your agreement with Teplio and will be subject to the Finance Provider’s separate terms and conditions and privacy policy.
So it appears that in a nutshell you have a loan from Shawbrook which is legally unconnected with your contract with Tepilo.
So in theory, your claim is against Tepilo as they have failed to provide the service, however, as a creditor in their administration you might only get a few pence in the pound back.
If I would you, I would contact Shawbrook and see what their view is - this is actually a very common occurrence as lots of training course providers etc go bust after selling courses on BNPL terms. At the end of the day however, given that we are talking about a relatively small amount of money it is probably not worth defaulting if your credit rating is of importance to you over the next 6 years.0 -
Brock_and_Roll wrote: »OP, you need to take care here.
The following is an excerpt from the T&Cs. The highlighting is mine.
Pay Later
If you select the Pay Later option, such selection is conditional upon adherence to the Pay Later terms and conditions set out in Schedule 1. The Pay Later facility is offered to our customers by ourselves or the Finance Provider. By completing the instant credit application form to defer payment for the Package and any add-on Services you are entering into a separate credit agreement with the Finance Provider which is not connected to your agreement with Teplio and will be subject to the Finance Provider’s separate terms and conditions and privacy policy.
So it appears that in a nutshell you have a loan from Shawbrook which is legally unconnected with your contract with Tepilo.
So in theory, your claim is against Tepilo as they have failed to provide the service, however, as a creditor in their administration you might only get a few pence in the pound back.
If I would you, I would contact Shawbrook and see what their view is - this is actually a very common occurrence as lots of training course providers etc go bust after selling courses on BNPL terms. At the end of the day however, given that we are talking about a relatively small amount of money it is probably not worth defaulting if your credit rating is of importance to you over the next 6 years.
The bit you are reading above is correct is so much as the contract with Tepilo is separate to that of Shawbrook. However that does not affect your right to make a claim against Shawbrook under section 75 of the consumer credit act, or which applies to Shawbrook because the supplier is in breach of contract. That is a fact, I am really looking for help on how I get the contract set aside rather than pay the money to then have to claim under section 75. Think I'll contact Shawbrook to set aside the contract and if they wont go to FOS on section 75..... I don't consider £1300 a relatively small amount of money either for something I have not recieved!!!0 -
Just to be clear all. I am aware the contract with Shawbrook is separate from that of Tepilo. I am not disputing this, but read up on section 75. You have a right to claim for breach of contract. The loan, like a credit card falls under this act.0
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I am not disputing this, but read up on section 75. You have a right to claim for breach of contract. The loan, like a credit card falls under this act.
I think everyone is fully aware of what section 75 is.
What we're suggesting is instead of either a) going to court or b) waiting to pay and then make a section 75 claim, you confirm with them whether the contract is void.
Section 75 is not a future or predictive losses device.0
This discussion has been closed.
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