Section 75 of the Consumer Credit Act

Hi, can anyone tell me if there is a time limit for claiming under section 75 of the Consumer Credit Act, I can't find anything that even mentions time.

The Financial Ombudsman mentions 6 & 3 years, but that is to refer the case to them and not the initial claim. Thanks

Looks like a very complicated section to me:

http://www.legislation.gov.uk/ukpga/1974/39/section/75

Im sure the usual suspects will be a long to give their armchair expert advice.

I would speak to Citizens Advice, personally.

The statute of limitations act is 6 years.

But give the Financial Ombudsman helpline a ring on 0300 123 9123 or 0800 023 4567 or do it on-line.

https://en.wikipedia.org/wiki/Limitation_periods_in_the_UK

Can't see a reference to the financial services act in that summary.

https://en.wikipedia.org/wiki/Limitation_periods_in_the_UK

 

Can't see a reference to the financial services act in that summary.

It's a civil claim under S75 of the Consumer Credit act.

1. Value has to be between £100 and £30,000 of which some portion has to be paid (not merely secured) on a credit card.

2. Limitations on simple contract case as this is 6 years from date of contract (5 years in Scotland)

3. You should not unduly delay the case as this can be considered to be a breach of process, so if you are going to claim you need to give them a chance to settle/resolve, and if not then file a case without undue delay.

Thanks for the reply's, I'll give them a ring and see what they say..

It's a civil claim under S75 of the Consumer Credit act.

 

2. Limitations on simple contract case as this is 6 years from date of contract

Yes, mostly. See the Limitation Act 1980 http://www.legislation.gov.uk/ukpga/1980/58/part/I/crossheading/actions-founded-on-simple-contract?view=plain which says- with my underlining:

5. An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.

6.(1) Subject to subsection (3) below, section 5 of this Act shall not bar the right of action on a contract of loan to which this section applies.

(2) This section applies to any contract of loan which:

(a) does not provide for repayment of the debt on or before a fixed or determinable date; and

(b) does not effectively (whether or not it purports to do so) make the obligation to repay the debt conditional on a demand for repayment made by or on behalf of the creditor or on any other matter;

except where in connection with taking the loan the debtor enters into any collateral obligation to pay the amount of the debt or any part of it (as, for example, by delivering a promissory note as security for the debt) on terms which would exclude the application of this section to the contract of loan if they applied directly to repayment of the debt.

(3) Where a demand in writing for repayment of the debt under a contract of loan to which this section applies is made by or on behalf of the creditor (or, where there are joint creditors, by or on behalf of any one of them) section 5 of this Act shall thereupon apply as if the cause of action to recover the debt had accrued on the date on which the demand was made.

(4) In this section “promissory note” has the same meaning as in the Bills of Exchange Act 1882.

7. An action to enforce an award, where the submission is not by an instrument under seal, shall not be brought after the expiration of six years from the date on which the cause of action accrued.

One technical point then - when does the cause or action occur? I assume that it was at the point the contract was formed? I appreciate that for an extended warranty (eg a Miele washer with a ten year warranty) the cause of action is when they fail to honour the warranty if it failed after say eight years but is this the same for a regular item?

One technical point then - when does the cause or action occur? I assume that it was at the point the contract was formed? I appreciate that for an extended warranty (eg a Miele washer with a ten year warranty) the cause of action is when they fail to honour the warranty if it failed after say eight years but is this the same for a regular item?

The OP doesnt supply enough information.

Limitation of contract is 6 years from date of breach.

Ombudsman is for where they have gone through the full internal complaints procedure.

Ombudsman time limits are:

six months from the business sending the consumer a final response (which has to mention the six-month time limit); and

 

six years from the event the consumer is complaining about (or - if later - three years from when the consumer knew, or could reasonably have known, they had cause to complain).

The latter three year one is the most interesting and they should determine when this point in time was.