Amaryllis Associates is a Claims Management Company
Claims Management – S.75 Consumer Credit Act 1974
What is Section 75?
If you purchase a service or a product and find the business (or supplier) is in breach of contract or is untruthful about the goods or service you are receiving, you can actually claim the total amount you paid from your credit card company under Section 75 of the Consumer Credit Act 1974 (“CCA 1974”)
This valuable protection ensures the supplier and your credit card company are joint and severally liable. So, if something was to go wrong you can pursue either the credit card company for your loss or the supplier.
You can always go directly to the credit card company to pursue your claim, but good practice is to contact the business first in case they can resolve your complaint. In many cases going direct to the credit card provider is the best option especially if the supplier has gone bust or for overseas suppliers.
There are certain criteria to be met before you can claim under Section 75:
· The price of a single item is not less than £100 and not more than £30,000
· Debtor-Creditor – supplier relationship must be there
Good to know – You don’t even have to pay for the full purchase price using your credit card, you can simply pay £100 by credit card and the rest by cash to still be protected under s.75 rules.
Example
You purchase a washing machine from a high street shop, the washing machine is faulty and stops working. The high street shop has gone bust and shut down. If you paid even £100 using your credit card you can then write to the credit card provider and make a claim under S.75 to recover your money.
The Credit Card company is held jointly & severally liable as the supplier (high street shop).
Your credit card company won’t make the process easy for you to claim against them, though. If they reject your case and you feel the decision is unfair, we can assist.
We will undertake a thorough assessment of your claim and resubmit it to the credit card company and, to the Financial Ombudsman Service, if necessary. We can help with new claims from the outset, contact us now for more information on how we can help you.
In Summary, How Can Section 75 Claims Help You?
· Applies to a single purchase made using credit cards or credit agreements only
· Where there has been a breach of contract or misrepresentation by the company to which you have paid money for goods and services.
· The purchase price must not be less than £100 or more than £30,000
· The credit card company is ‘jointly and severally liable’
· You can pay a sum on your credit card and still be protected to make a claim
· The Consumer Credit Directive, which came fully into force on 1 February 2011, added Section 75A to increase the upper limit for creditor liability to £62,260 in certain limited cases, for breach of contract, where Section 75 does not apply.
· Does not apply to Debit Cards – for this you can seek guidance under Chargeback Rules
Amaryllis Associates specialise in claims made under section 75 of the Consumer Credit Act 1974.
If you are thinking of making a claim or seeking guidance, we can assist simply contact us by calling us on 0330 113 0740 or sending us an email to info@amaryllisassociates.com and one of our experts whom specialise in section 75 claims will be in touch.
Amaryllis Associates is authorised and regulated by the Financial Conduct Authority for Claims Management Activity Only. Firm Reference Number: 919319. This status can be reviewed on the Financial Services Register at: https://register.fca.org.uk/s/
