Claiming through credit card

[Ilikebeaver]

Has anyone successfully claimed under Section 75 of the Consumer Credit Act for faulty or mid-sold goods bought on credit card?

If so, was it a long drawn out process?


Just starting to look into doing it now

[big_boz]

I used to work along side a credit card disputes team who dealt with S75 claims (amongst other things) and i would say that yes it can be a drawn out process, but is dependent on the specifics of your claim

What are the details of your claim (in brief)? has the vendor gone out of business?

Edited by big_boz on Tuesday 26th February 11:59

[Ilikebeaver]

Roughly - Bought a car a year ago and have been disputing details that had been mis-sold to us ever since.
A week ago we received confirmation that they will not be dealing with our complaint any further.
They have not gone out of business.
So I have forwarded everything onto CAB who have agreed that there looks to be a case and forwarded it to Trading Standards.
Cab had suggested previously about going through the credit card that we paid for the deposit for the car on under S75 so wondered if it was going to be worth attempting it.

Trading Standards will be in contact by the end of the week about going through the small claims court.

[big_boz]

If you paid in part for the transaction then you will (on paper) be covered under S75 as far as i remember. Most claims i saw were relating to white goods, but I am sure i remember something to do with a Polo that was paid for in part on a card and the remainder via cash but then was not delivered and the dealer (broker i believe) had gone under so not the same situation as you describe.

Now a few things to think about. In my experience CAB are not qualified in what they are talking about so should not be taken as gospel, that's not to say they are not correct but don't presume that this is the case. You might be better speaking to a solicitor, any brief worth his salt will take a look over your case with no charge, I have used blacks in Leeds for a few things and can highly recommend them if you don't have a brief or are unsure of who to use.

An S75 refund would be funded by your card provider and not the dealer in the first instance so they will be in no hurry to give you money that they will not be guaranteed to get back, S75 is part of the contract that all card providers have to sign up to to obtain their license, but a fair few claimants would just expect a refund on the spot, which isn't going to happen.

In addition from what you say if it is a miss-sell of some description then it doesn't sound clear cut or simple, ie its not a simple "I bought a washing machine from comet, its 3 months old, its broken, please can i have my money back" deal, but that is not to say that you shouldn't peruse a claim under S75, as it wont cost you anything other than time.

Give your card provider a call and see what they say they need to progress the claim. And Good luck!