Summary
Under Section 75 of the Consumer Credit Act 1974, credit cardholders can claim refunds if purchases between £100 and £30,000 are not delivered as agreed. If a claim is refused by the credit card provider, such as Capital One, the next step is to escalate the issue to the Financial Ombudsman Service. Ensure you have all necessary documentation and evidence to support your claim. If you are awaiting a solicitors response, they can provide further guidance.Full Conversation
Consumer Credit Act *:
*. *. *. Under section * of the Consumer Credit Act * (“the Act”) it allows for credit cardholders, such as
yourself to bring a claim for a refund from their respective credit-card provider. In order to bring a
claim under this Act, you will need to evidence that:
*.* The purchase was made with a credit card;
*.* The purchase amount is between £* and £*,*; and
*.* The seller/trader fails to deliver the service as agreed.
*. Such a claim would allow you to hold Capital One equally liable for the purchase and can seek
reimbursement from Capital one as they are jointly and severally liable.
As per the above, I have considered the points in tandem. You have provided me a copy of your credit
card statement with Capital One which states that £*,*.* was paid to Fortuna on * July *. As
such, point *.* and *.* above have been satisfied in order to bring a claim under section * of the Act.
Consumer Rights Act *:
To answer point *.* above, we must evidence that Fortuna failed to deliver the service as agreed
upon (i.e. in these circumstances, that the service carried out by Fortuna failed to comply with the
implied term of * of the Consumer Rights Act). As this has been outlined in our previous advice, I do
not intend to repeat the contents of the Consumer Rights Act however, the prospects of such a claim
are not beyond the *% chance of success as per your LEI requirement.
*. To reiterate, as you have provided commentary that the guttering has been installed incorrectly – we
are now in a position to suggest that Fortuna had failed to comply with their implied obligations.
Therefore, the above *.* point above has been satisfied also.
LDHT2
*. To this end, I am satisfied that you have a claim under section * of the Act against Capital One.Does that mean my claim will be allowed
Hi ****, based on the information you've provided, it appears you have a strong claim under Section * of the Consumer Credit Act *. However, the ultimate decision rests with Capital One and potentially a court if they dispute your claim. Have you already contacted Capital One about this issue?
Yes and they refused
****, since Capital One has refused your claim, you can escalate the matter to the Financial Ombudsman Service. They handle disputes between consumers and financial businesses. Be sure to provide all documentation and evidence when making your complaint.
Have you considered taking this step?
No im waiting for a response from a solicitor
Case Rating: *.
****, you have a solid case under Section * of the Consumer Credit Act *. Since you're waiting for a solicitor's response, you should be in good hands. If you don't receive a satisfactory reply, consider contacting the Financial Ombudsman Service.
Would you like more details on how to contact the Financial Ombudsman Service?
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