builder's deposit paid by Credit Card - neither will refund. Can i launch a Sec 75 Court Claim Against the Card Provider alone??

[paulzzzzz]

I am considering making a court claim against a credit card company (ccc) that is refusing to repay my deposit after I made a section 75 claim.

 

I paid a deposit using my credit card to a builder who misrepresented the contract and refused to pay back my deposit.

 

Am I correct in thinking that if I win my case the court will order the ccc to refund my deposit?

 

I  do not want to include the builder in my claim as a second defendant.

 

If the ccc needs the builder to help defend my claim, can the ccc ask the builder to provide a witness statement and attend the hearing?

 

It would be in the builder's interest to help defend my claim as the ccc is likely to chase the builder for any money that is repaid.

[Andyorch]

Welcome to the forum.

 

Why will the Credit Card not refund ?  What grounds have they rejected your claim ?

[paulzzzzz]

on the grounds that the builder is still willing to do the work, but I have lost all trust in the builder

[Andyorch]

Then that's an issue between yourself and the builder as the contract is still intact and I would suspect that he operates on a none refundable deposit.

 

You either negotiate with the builder or sue the builder....its not a section 75 viable claim.