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  • FIRST POST
    • ROBOKOP
    • By ROBOKOP 8th Jan 19, 2:03 PM
    • 11Posts
    • 3Thanks
    ROBOKOP
    Section 75 Claim
    • #1
    • 8th Jan 19, 2:03 PM
    Section 75 Claim 8th Jan 19 at 2:03 PM
    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
Page 1
    • zx81
    • By zx81 8th Jan 19, 2:06 PM
    • 21,137 Posts
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    zx81
    • #2
    • 8th Jan 19, 2:06 PM
    • #2
    • 8th Jan 19, 2:06 PM
    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.
    • ROBOKOP
    • By ROBOKOP 8th Jan 19, 3:14 PM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    • #3
    • 8th Jan 19, 3:14 PM
    • #3
    • 8th Jan 19, 3:14 PM
    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.
    Originally posted by zx81
    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?
    • zx81
    • By zx81 8th Jan 19, 3:16 PM
    • 21,137 Posts
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    zx81
    • #4
    • 8th Jan 19, 3:16 PM
    • #4
    • 8th Jan 19, 3:16 PM
    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.
    • ROBOKOP
    • By ROBOKOP 8th Jan 19, 3:20 PM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    • #5
    • 8th Jan 19, 3:20 PM
    • #5
    • 8th Jan 19, 3:20 PM
    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.
    Originally posted by zx81
    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?
    • Gaz83
    • By Gaz83 8th Jan 19, 3:23 PM
    • 3,723 Posts
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    Gaz83
    • #6
    • 8th Jan 19, 3:23 PM
    • #6
    • 8th Jan 19, 3:23 PM
    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."
    • ROBOKOP
    • By ROBOKOP 8th Jan 19, 3:27 PM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    • #7
    • 8th Jan 19, 3:27 PM
    • #7
    • 8th Jan 19, 3:27 PM
    Section 75 is for amounts already paid. A court won't entertain a small claims action against something that hasn't actually been paid.
    Originally posted by Gaz83
    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.
    • Brock_and_Roll
    • By Brock_and_Roll 9th Jan 19, 9:23 AM
    • 919 Posts
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    Brock_and_Roll
    • #8
    • 9th Jan 19, 9:23 AM
    • #8
    • 9th Jan 19, 9:23 AM
    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.
    • ROBOKOP
    • By ROBOKOP 9th Jan 19, 11:09 AM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    • #9
    • 9th Jan 19, 11:09 AM
    • #9
    • 9th Jan 19, 11:09 AM
    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 Providerís 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.
    Originally posted by Brock_and_Roll


    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!!!
    • ROBOKOP
    • By ROBOKOP 9th Jan 19, 11:10 AM
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    ROBOKOP
    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.
    • zx81
    • By zx81 9th Jan 19, 11:13 AM
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    zx81
    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.
    Originally posted by ROBOKOP
    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.
    • ROBOKOP
    • By ROBOKOP 9th Jan 19, 11:25 AM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    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.
    Originally posted by zx81
    Yes, will do. Although I suspect (as they will in effect be covering the loss) their argument will be that it is not. I have already spoken to them once regarding this before reading up on section 75 and their response was that the fees were still payable as they paid for the photos etc.. to be taken. Point of note (of which I intend to tell them) is that if any part of the contract is unfulfilled, then its still a breach.

    Will let you know how I get on...
    • bris
    • By bris 9th Jan 19, 11:31 AM
    • 8,547 Posts
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    bris
    I suppose the question needs asked. Have you sold the house or was it still up for sale with them when they went bust?


    Are you now with another estate agent?
    • ROBOKOP
    • By ROBOKOP 9th Jan 19, 11:37 AM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    I suppose the question needs asked. Have you sold the house or was it still up for sale with them when they went bust?


    Are you now with another estate agent?
    Originally posted by bris
    It was up for sale with them when they went into administration. I am not with another agent, or sold my house. That is none of their business anyway. The contract was to take photo's and market the property for 10 months...They stopped doing this after month 5...
    • ROBOKOP
    • By ROBOKOP 9th Jan 19, 2:56 PM
    • 11 Posts
    • 3 Thanks
    ROBOKOP
    Update for anyone following the thread.....

    Spoke to Shawbrook said that I want to get them to void the contract or alternatively issue a final response to my complaint so that I can go to the FOS. They gave me a number to call (Looks like they now have a number to deal with these specifically) 0330 123 0485. I work in the financial services industry so to be clear they have 8 weeks to void the contract or I go directly to the FOS with the complaint....Will update you in 8 weeks.....!!!
    • tepilocustomer
    • By tepilocustomer 13th Jan 19, 4:33 PM
    • 3 Posts
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    tepilocustomer
    I have sent you a PM, Robokop.
    • DCFC79
    • By DCFC79 13th Jan 19, 4:46 PM
    • 33,777 Posts
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    DCFC79
    I have sent you a PM, Robokop.
    Originally posted by tepilocustomer

    Why a PM ?


    You have a reply on your thread, have you noticed it ?
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