| treatment of section 75 claims
At
the Citizens Advice Bureau where I work, we sometimes advise clients
who have difficulties after purchasing goods and services from
traders based outside the UK. We always check whether the clients
used a UK credit card and, if so, whether section 75 of the Consumer
Credit Act might assist them. As you will be aware, this legislation
says that credit card providers are jointly liable with suppliers
if a consumer has a valid claim for misrepresentation and/or breach
of contract where the cash price of an item is between £100
and £30,000.
We understand that the Office of Fair Trading is going to appeal against the High Court ruling – made in November 2004 – that the consumer protection given by section 75 of the Consumer Credit Act 1974 did not generally apply to overseas transactions.
What approach is the Financial Ombudsman Service taking in cases involving section 75 claims for overseas transactions that you deal with in the period between November court decision and the later appeal?
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