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I have mentioned in the past the great asset a credit card can be when dealing with consumer rights issues such as faulty goods. Provided the goods cost between £101 and £30,000 and you pay even a token amount on a credit card you are covered for the full value of the goods.

In addition the dealer (supplier) and the credit card company are jointly liable under section 75 of the Consumer Credit Act. So let’s take as an example a car that costs £15,000 for which you either have cash or you have taken out a personal loan. Either way when you buy the car it is seen as a cash purchase. However, when you saw the car at the dealership, whilst you arranged for the cash to be available you made a nominal payment of £50 on your credit card in order to hold the car.

That is sufficient for you to be covered up to the total value of the car of £15,000. I have read of instances whereby a dealer, in a bad way, has taken holding deposits from customers on credit cards. The dealer has then received the balance in cash but before the car is delivered he goes bust. On the face of it the customer has lost his cash but by making the deposit payment on a credit card he can now claim back the full amount paid of £15,000.

When this has been explained to people both myself and lawyers get asked similar questions, here are a few with answers:

If you buy several things on a credit card coming to over £100 are you covered by section 75? No, you are only covered for individual items costing over £100 each. Buy 4 tickets to a show costing £50 each in one transaction that don’t arrive – you aren’t covered.

If an item costs from £100 to £30,000 I’m covered by section 75. No, the goods must cost OVER £100, exactly £100 is not covered.

Will you still be covered by section 75 even if you pay the amount of the deposit or the cost of the item off? Yes

If you exceed your credit card limit in order to pay the deposit or the cost of the goods are you still covered? Yes you are.

Do you have to wait till the seller or dealer refuses to give you a refund before approaching the credit card company? No, both are liable so you can approach both for a refund.

When making a claim to the credit card provider are you limited to the amount paid on the credit card? As mentioned above, no, if the dealer/supplier can be proven to be at fault both parties are liable for the total cost.

This is a common one which causes confusion as it goes to the definition of a consumer. If a self employed person uses a credit card to buy a vehicle for business use they won’t be covered by section 75. This is false because whilst the Consumer Rights Act would not see a self employed person as a consumer the self employed person would be considered to be a ‘consumer’ within the Sale of Goods Act which is still in force.

Many businesses offer the ability to pay by credit card or through Paypal. If you pay by credit card through Paypal are you still covered by section 75? This is true. But Paypal offers its own protection which can occasionally work better than section 75 but you no longer have access to the FOS.

If you pay a deposit on a credit card with the balance on HP will you still be covered by section 75? Many people would believe that you are covered and you still have access to the FOS but the fact is that you aren’t covered by section 75 as the HP agreement supersedes the credit card payment. It will only cover a 3 party arrangement, in this case there are 4.

Items costing more than £30,000 are not covered by section 75. This isn’t strictly true as there is a section 75A which imposes a secondary liability on the creditor increasing the limit to £62,620 but the joint responsibility no longer applies.

Hope all that helps.  By Graham Hill