Not upheld: Goods and services under S75 complaint against Clydesdale Financial Services Limited trading as Barclays Partner Finance

Decision detail

Summary

Mrs B purchased Fractional Club timeshare membership on 2 April 2015 for £9,000, financed through a credit agreement with Barclays PF. She alleged the Supplier made misrepresentations and sought to claim under Section 75 of the Consumer Credit Act. However, Mrs B did not raise her complaint until February 2023, more than six years after the purchase and loan repayment in January 2016. Barclays PF declined the claim citing the Limitation Act 1980, which provides a six-year limitation period from the date the cause of action accrued. The ombudsman upheld Barclays PF's decision, finding it fair and reasonable to rely on the limitation defence.

The Ombudsman's reasoning

The ombudsman found that the cause of action accrued on the Time of Sale (2 April 2015) when Mrs B entered into the purchase based on alleged misrepresentations and suffered loss through the credit agreement. As Mrs B did not notify Barclays PF of her Section 75 claim until February 2023, more than six years had elapsed. The ombudsman considered it fair and reasonable for Barclays PF to rely on the Limitation Act defence to decline a claim made outside the limitation period.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website