Provisions the documents cite: s.75(1) (like claim against the creditor; joint and several liability), s.75(2) (creditor's indemnity from the supplier), s.75(3) (exclusions, including (b) a single item with a cash price not exceeding £100 or more than £30,000), s.75(4) (credit limit exceeded), s.75(5) (supplier made a party)
What it requires
If the debtor under a debtor-creditor-supplier agreement falling within s.12(b) or (c) has, in relation to a transaction financed by the agreement, a claim against the supplier in respect of a misrepresentation or breach of contract, the debtor has a like claim against the creditor, and the creditor and supplier are jointly and severally liable to the debtor (s.75(1)); subject to any agreement between them, the creditor is entitled to be indemnified by the supplier (s.75(2)). The section does not apply to a claim under a non-commercial agreement; so far as the claim relates to any single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000; or under running-account credit that provides for payments in relation to specified periods which, if the agreement is not secured on land, do not exceed three months, and requires the whole of the credit for each period to be repaid in one payment (s.75(3)). It applies even though the debtor exceeded the credit limit or otherwise contravened the agreement (s.75(4)), and the creditor is entitled to have the supplier made a party to proceedings (s.75(5)). Which card or loan arrangements fall within s.12(b) or (c) was not read and is not stated here. Extends to the whole United Kingdom.
The instrument itself: https://www.legislation.gov.uk/ukpga/1974/39/section/75. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 1 document that cite it
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