Renewable Energy Claims

Consequential loss

It is also possible in some circumstances to recover the cost
of any additional losses (“consequential loss”) which you
suffered as a result of the purchase. For example if you
purchased a roof coating product which actually damaged
your roof as well as failing to deliver any benefit then it
might be possible to claim the cost of putting right any such
damage as well as recovering the cost of the treatment plus
interest.

Renewable Energy Claims

Section 75 of the Consumer Credit Act 1974 (the CCA) provides an extremely
useful piece of consumer protection. If a consumer buys goods or services
which are misrepresented to them or where the seller breaches the contract
then they may be entitled to obtain damages.
You are protected by section 75 if the following criteria apply;

  • You bought goods or services with a cash value of between 100 and
    30,000;
  • You paid at least part of the purchase price using either your credit
    card or finance arranged with the lender specifically by the seller of the goods or services;
  • The goods or services were either misrepresented to you or the seller
    has breached its obligations under the sales contract;
  • you received the goods or services less than six years ago.

Redress

If these criteria are met then it can often be possible to obtain compensation for any loss suffered as a result of the misrepresentation or breach of contract. For example if you purchased a solar energy system and were told that it would recoup the cost of your investment within a certain timescale but proves incapable of doing this then you could be entitled to pursue either rescission of your contract or damages. Rescission means putting the parties in the positions in which they would have been had they not entered into the contract. This could include a refund of the purchase price, any interest paid under a finance agreement and a write-off of the remaining balance less any benefits you received from the system.
It would normally be possible to make a claim against the seller for misrepresentation or breach of contract. However the added benefit of section 75 is that it is possible to make a claim against either the seller or the credit card / finance provider. This is especially useful when you made your purchase from a smaller merchant which has either ceased trading or may not have sufficient funds to pay adequate compensation.

What types of goods or services can be caught by section 75?

Section 75 can apply to any kind of purchase as long as the above criteria are met. However typical purchases which often result in section 75 claims
are;

It is an implied term of any consumer contract that the goods or services must be of satisfactory quality for the purpose for which they are purchased. This means that if goods supplied to you do not function properly or at all then section 75 could help you. Our section 75 claims are overseen by Peter Joyce, who has several years’ experience in successfully obtaining compensation for consumers against a wide variety of lenders, including group settlements involving up to hundreds of claims against well-known finance providers. If you feel that you might need help with a claim under section 75 then get in touch.

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PHILLIPSON HARDWICK

Phillipson Hardwick Limited is a limited company, registered in England and Wales, under registration number 11626146, registered office Magnetic House, Waterfront Quay, Salford, England M50 3XW, with ICO Registration Number ZA527169 and is authorised and regulated by the Solicitors Regulation Authority under SRA 656089

Our Address

Magnetic House, Waterfront Quay
Salford
England
M50 3XW

Phone: 0161 518 5511

Email: [email protected]