Section 75 slip up by consumer, his solicitors, Santander and their solicitors

One of our clients found themselves on the end of a claim about a faulty vehicle. The consumer claimed to have paid on a credit card and so added Santander, as the card issuer, as well as our client on the claim form. In turn, Santander put in their own claim against our client under the provisions of Section 75 (2).

In discussion with our client, it transpired that the card used to make the payment was actually a debit card and not a credit card. Big difference.

A debit card does not give the consumer any rights under Section 75 of the Consumer Credit Act against the creditor, (Santander in this case) and therefore, it does not give Santander any right to take action against our client as, put in simple terms, it’s a debit card and the Act to which Section 75 applies is the Consumer Credit Act and not the Consumer Debit Act.

Once we sent a copy of the card receipt to Santander’s solicitors clearly showing it was a debit card which had been used for the payment, they quietly disappeared along with their claim against our client.


Authors: Nona Bowkis

Published: 09 Mar 2017


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