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UK-Justice
UK-Justice, Barrister
Category: UK Bankruptcy Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I recently filed a claim under section 75 of the Consumer Credit

Customer Question

I recently filed a claim under section 75 of the Consumer Credit Act against my credit card company for a payment I made to a car clamping firm. I have previously been succesful in issuing a warrant of execution to the firm as my claim against them was ruled in my favour. As they have recently gone into liquidation my only recourse was to try and claim the money back from the credit card company as I was informed by another expert that they will be jointly liable.

However, the credit card company are refusing to accept any liability as they claim there is no contract or misrepresentation. Could you please advise me on how to proceed?
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  UK-Justice replied 1 year ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

On what basis would you have claimed against the clampers?
Customer: replied 1 year ago.
Hi, thanks for the reply. The original claim against the clampers was that there were no clear signs within the vicinity of the vehicle (three car lengths). The company belonged to the British parking association and were subject to its code of conduct. This claim was ruled in my favour, but the company have gone into liquidation.
Expert:  UK-Justice replied 1 year ago.
So it would be on the basis they breached the recognised regulations for parking and enforcement - is that right?
Customer: replied 1 year ago.
Yes that is right. Thanks
Expert:  UK-Justice replied 1 year ago.
Thanks.

Then your card company are jointly liable under the Consumer Credit Act.

You have to sue them on the same grounds as you would the clamper.

It makes no difference if there was no contract or misrepresentation.

You re bringing the claim on the same grounds.

Therefore you can proceed as you would as if you brought a claim against the clamping company.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other UK Bankruptcy Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks for your reply - I have already added a smiley face :). Could you please point me to where in the Consumer Credit act it states (or implies) it makes no difference if there is no contract or misrepresentation.

I believe the credit card company are referring to section 75 which states (as I'm sure you know):

"If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor."

If you can point me to the relevant section that will be very useful in my claim.

Many thanks in advance.
Expert:  UK-Justice replied 1 year ago.
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Expert:  UK-Justice replied 1 year ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 1 year ago.
Hi thanks for the follow up and happy new year. I have informed the credit card company that I shall be taking this up with the financial ombudsman. They do not accept that there was an implied contract as there was no offer or acceptance of an offer. Therefore they believe section 75 does not apply.
Expert:  UK-Justice replied 1 year ago.
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