No protection for credit cards abroad
For years the law has been uncertain as to whether a consumer will get their money back from a credit card company if goods bought abroad using a credit card, are not acceptable or not supplied. In November the Court held that there is no protection.
Anthony Heath, a partner in our Insurance & Commercial Litigation Department, says: “If you buy in the UK using a credit card s75 of the Consumer Protection Act ensures that you are protected. It has now been held that this protection does not apply when you buy abroad. At the end of December the Office of Fair Trading, which is not pleased with the ruling, said it will appeal the High Court ruling that consumer safeguards on credit card purchases made in the UK do not generally extend to cover purchases made abroad, whether in person or on-line. The credit card issuer and the supplier are jointly liable if the consumer has a valid claim for misrepresentation and/or breach of contract by the supplier – provided the cash price of an item is over £100 and less than £30,000, and the credit limit is no more than £25,000. However there has always been a question mark over whether this protection applies to goods purchased overseas and in July the OFT asked the High Court to issue a definitive declaration that it did.
If you buy defective goods and want to know what your legal rights are contact us for further information.”
For further information contact Anthony Heath on (0117) 929 0451 or e-mail aheath@metcalfes.co.uk
This press release summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published