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Found 6 results

  1. 3 months ago, I hired a plumber to fit my new bathroom. We agreed it would cost £2000 for the labour. I wanted to pay a deposit on my credit card to get s75 consumer credit act protection, but he told me he did not have the credit card machine with him and he would bring it another day. During the work, problems arose, but was assured by the plumber he would deal with it- but he never did. The tiling was not flat and the shower door hadn’t been fixed correctly. He finally brought his credit card machine the day before he finished and I paid £100 on my card. On his last day the plumber demanded that he be paid as he would come back on Monday to fix the problems, but he never turned up and he has since closed down the company. I contacted my credit card provider, Natwest, to make a s75 claim and they declined it. They said that the three-party relationship with Natwest, me and the plumber, had not been established before the work began and that because I had known about the defects before I made a payment on my credit card, that to would invalidate s75 claim! However, my understanding is that if I pay for any part of a bill (for a service or goods) with my credit card, I would be covered. The legislation does not state when the payment needs to be paid, only that it can be for any part of the bill. But the point is I wanted to pay for the builder on day one of the works to get s75 protection, but because he was so slow in bringing his credit card machine to me, it was significantly delayed. Also, how would this be different to say another person in the same situation agreeing to only pay after all the work had been done and on the last day the plumber demands to be paid and promises to come back the following day to rectify the mistakes, and he doesn’t as he goes bust? Surely there would still be s75 protection? I think this is really unfair. Does anyone have any advice on this? Many thanks
  2. Hi, this is one for people who really know their contract law, specifically the consumer credit act. This is the scenario: I have a builder do me an extension. Our contract states the work will cost £100k. In order to get s75 CCA protection, I get the builder to give me 4 invoices. Invoice 1- foundations, £25k (price shown on the contract) Invoice 2- Roof, £25k (price shown on the contract) Invoice 3- Walls, £25k (price shown on the contract) Invoice 4, decorations £25k (price shown on the contract). £100 was paid for each invoice using a credit card. The transaction I made on each card was for the invoices, not for the contract. Each invoice takes the pricing from the contract. Does anyone, who has a legal mind with a speciality in contract law, know if I can expect cover under s75 CCA in this situation? thanks
  3. It seems that many people are not aware of section 75(A) of the CCA which covers purchases made using a credit card where the goods cost between £30K and £60K. It appears that this bit of legislation has only been added recently.
  4. we bought a car just before xmas within days it developed faults, we exercised our right to reject in writing to the garage at beginning of year and you guessed it they are ignoring us. we have gotten trading standards involved as they think there may be mis-represented laws they have broken such as saying it has warranty and it doesn;t and that there is service history which has never been received and failing to disclose where it came from when asked. this will not get us our money back so we are going down the route of S75 with credit card company only 2000 was put on card and remainder paid in cash a total of 17500 in all. What I wanted to know if anyone else has been successful in getting their money back through S75 and if so what happens to the car if we do prove successful and get our money back. At the moment the big hunk of junk us blocking my driveway as we had to sorn it get tax back this is now in the second month and doing my head in. any help. advice or experiences welcomed. If the credit card company pay up then effectively the car is now theirs, is that right, will they come and collect it. thanks tracey
  5. Hello All I have a situation where I have presented what I consider to be a valid S75 claim against my Mastercard. The value exceeds £500. With S75 claims of course it's assumed there is either a dodgy vendor refusing to refund or that can't refund due to liquidation or being incontactible. In this case it's the former. So far, the lender/creditor has denied my claim on what I consider a rather dodgy basis. They have not gone down the route of saying my claim is invalid due to T&C's or some other such, they've said the following: 1. The payment reference on the Credit Card statement has a reference to both PayPal and the vendor/supplier. They are insisting that this makes PayPal the supplier under the CCA 1974. They have chosen to disregard the portion of the statement text showing the name of the company I actually bought from! How devious. Had the statement simply shown only PayPal as the 'supplier', this might have been different but even then, that would still be devious as there's no reference to PayPal at all on any of the vendor documents! I've also informed them that both on the card payment form and on the T&C's (a copy of which I've sent to the creditor) there is NO reference to PayPal so how can they be construed as my supplier? PLEASE NOTE THAT THIS IS NOT A NORMAL PAYPAL TRANSACTION WHERE ONE WOULD PAY USING their PAYPAL Account LINKED TO A CREDIT/DEBIT CARD. This is a completely seperate offline transaction between myself and a vendor company (supplier) using my credit card as the means of payment. Funny enough, the very reason I used my credit card to pay for this transaction was to cover me should there be issues with the vendor!!! They've stated this twice now, in writing. I've had enough and am at the stage where I'm considering small claims. Before that however (and to that end should I get there), I'd like to know what case law/useful rulings/references may exist that address this issue. I've read elsewhere on CAG that case law exists but need help find it please. It would be entirely unfair to consumers who may, like me chose to pay for higher value transactions using their CC purely due to the added benefits of S75 only to find out that behind the scenes, creditors and suplliers are engaging in funnies like this to make a nonsense of S75 and thereby, the "will of parliament"! Basically the creditor is using what I see as 'name obfuscation' to try and wriggle out of their S75 obligations and it's totally wrong.
  6. Dear all, Hope someone can help me. I hired a luxury car from a company and paid them a £2000 deposit on my credit card, I did not take a copy of the contract though they have their standard terms on their website. The car was returned with no problems whatsoever and in pristine condition, this was not disputed. I then asked for refund of the deposit and was promised it would be done, however a few days later the trader refused saying they had been advised by the Police that they had received complaints of how the car was driven!!!! To my shock I contacted the Police who said they were simply chasing a complaint from a neighbour about noise (the car was a high performance sportscar). The retailer now refuses to engage with me on this even to the point of not even supplying a copy of the contract, and telling me to do whatever I wish! As I had paid on my credit card I thought I had some legal redress and therefore claimed under their chargeback scheme. I have now received a letter stating that they are unable to offer any assistance and would only be able to do so if the retailer is in clear breach of contract. They also state that due to the lack of documentary evidence in support of my claim they have no recourse to the retailer. They end by saying that although they cannot process a claim I should pursue the matter with trading standards or Citizens Advice Bureau. Having read numerous posts on the internet re: s75 it appears they cannot simple do this as they were jointly and severely liable for breach of contract. What advice can you give me in terms of taking this matter forward against both the Credit Card company and this rogue trader who should not be allowed anywhere near a CC machine. Its a lot of money for me, and this was my wedding car. I am desperate for help as this has pushed me into debt. Please please help. Many thanks in advance. Mas Additional info: Having checked regarding refunds in their terms and conditions, this is the only thing that is apparent is: "xxxxx Cars will provide refunds to those who are not in breach of any of our terms and Conditions." There is nothing in the terms and conditions that remotely match the reasons verbally stated for not returning my deposit. (As you can appreciate I have taken out their name.)
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