Not really applicable to LJDF owners as our properties are fully furnished, but I prepared this for some people who contacted me who had bought on Fadesa and had ordered their furniture package through Spring Blue, who appear to have closed down, but it might prove useful for other purchases:

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Section 75 of the Consumer Credit Act 1974 states that the lender of money for a purchase is jointly responsible with the seller for the purchaser getting the goods or service purchased, or receiving a full refund if they do not receive the goods or service. What this means in practice is that if you paid more than £100 by a UK issued personal credit card (but not a debit or charge card), or borrowed money under a loan agreement regulated by the CCA74 and arranged by the trader, then you can claim ALL the money you paid (irrespective of how you paid it) provided that the maximum contract value does not exceed £30,000, back from the card company or lender if you do not get what you bought. If you used a credit card and borrowed money (or used two credit cards) you could claim the full amount from either or both. In October 2007 the House of Lords confirmed that the use of credit cards is covered for overseas purchases under the CCA Act.

For non-delivery the claim is made under breach of contract. You will need to prove (1) that you paid more than £100 by credit card. (2) You will also need to provide evidence of any other payments made (for cheques, copy bank statements). (3) Formal evidence that the company cannot deliver your goods i.e. some evidence that the company no longer trades

It's important when you write to the credit card company that you head the letter:

"Claim under S75 of the Consumer Credit Act 1974"

and you should include the following paragraphs:

- a statement of what you bought, where and when, enclosing any relevant copies.
- A list of all payments with copies of supporting evidence.
- A statement that you have not received or cannot obtain the goods and that it is breach of contract. Enclose any relevant copies to support this statement.
- A request that the credit card company refund the whole amount paid.

Companies often automatically reject your first attempt but you should persist and if the lender refuses then you could contact the Financial Ombudsman (South Quay Plaza, 183 Marsh Wall, LONDON, E14 9SR) complaining about the conduct of the lender.