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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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If I paid a deposit for a curtain order (made to measure) to

Resolved Question:

If I paid a deposit for a curtain order (made to measure) to Debenhams Retail via a Concession operating in store part by credit card and part via my bank debit card is the total sum recoverable from Debenhams in the event the concession holder goes "bust" and I have received no goods?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why do the bank say debenhams are liable? Were they a lender?
What is their arrangement with the insolvent company?
Customer: replied 2 years ago.

1) because part of deposit was placed on a new Debenhams credit card and section 75 CCA quoted ./ part on my bank debit card.

Administrators appointed likely outcome business closure although potential offers made to purchase probably assets only not liabilities!

Expert:  Jo C. replied 2 years ago.
How much was paid on credit card please?
Customer: replied 2 years ago.

As a new card Debenhams would only allow £500.00 first transaction although they advised credit limit was £5000.00. I expected to place whole deposit of £1835.51 on this new store credit card and was not advised of restriction until I was at Debenhams cash till!

Expert:  Jo C. replied 2 years ago.
Ok.
So the amount you paid was £500?
Customer: replied 2 years ago.

Yes £500.00 on new store credit card and balance of £1335.51 on my LLoyds Bank Visa debit card - total sum £1835.51 paid.

Expert:  Jo C. replied 2 years ago.
Thanks.
If you paid more than £100 on a credit card then the credit card company are liable under S75 CCA.
Its not that Debenhams the retailer is liable but the card provider.
They will probably not be happy about this but thats a difficulty for them to resolve. They are liable in full.
You can always sue them for the money.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

when you say they are liable in full are you saying Visa are also liable for the debit card transaction?

Expert:  Jo C. replied 2 years ago.
No, its the credit card providers that are liable in full for the entire transaction as long as more than £100 was spent on the credit card.
But S75 CCA runs against the credit card provider.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
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