Section 75a

Joined
Oct 7, 2011
Posts
393
Likes collected
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Location
hereford
Funster No
18,408
MH
Hymer A class
Exp
since 1980
Greetings, most of us know about section 75 claims for goods between £100 and £30,000, now check out section 75a.
This appears to cover you for goods between £30,000 and £60,260 (strange figure ) if they were bought on credit.
Legislation a bit complex but worth checking out if you've got a bad van bought on credit.
 
Interesting .... it appears that the credit agreement (ie loan) would have to be specifically taken out purely for the purchased item/service, so if you got a loan from a bank and then used those funds to buy a MH you are unlikely to be covered as the supplier of the goods wasn't involved in the arrangement of the loan UNLESS it was noted on the loan agreement that it was taken out specifically for the MH purchase ... if however the loan was taken out via the supplier of the MH (ie the dealer) then you appear to also be covered ... I wonder if a certain Mr Lewis has covered this?

[F175AFurther provision for liability of creditor for breaches by supplier
(1) If the debtor under a linked credit agreement has a claim against the supplier in respect of a breach of contract the debtor may pursue that claim against the creditor where any of the conditions in subsection (2) are met.​
(2) The conditions in subsection (1) are—​
(a) that the supplier cannot be traced,​
(b) that the debtor has contacted the supplier but the supplier has not responded,​
(c) that the supplier is insolvent, or​
(d) that the debtor has taken reasonable steps to pursue his claim against the supplier but has not obtained satisfaction for his claim.​
(3) The steps referred to in subsection (2)(d) need not include litigation.​
(4) For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.​
(5) In this section “linked credit agreement” means a regulated consumer credit agreement which serves exclusively to finance an agreement for the supply of specific goods or the provision of a specific service and where—
(a) the creditor uses the services of the supplier in connection with the preparation or making of the credit agreement, or
(b) the specific goods or provision of a specific service are explicitly specified in the credit agreement.
 
One thing with credit cards is don't use third party pay sites like Amazon Pay and PayPal, if you do you can't use Section 75 as your contract isn't directly with the vendor.
 
It’s not going to be the cheapest loan around as the loan company usually pay the Dealer a fee for the business. You may also run into problems if you want to pay it off early. How does it work if you buy on fianance and then ask for a settlement figure. Pay it off and then try and claim. You will not have an agreement in place.
 
A loan would not have to be for the full amount. You could put £3,000 on a loan and the extra cost would be OK

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