Credit card issuers will today appear at the House of Lords to appeal the Court of Appeal judgment that section 75 of the Consumer Credit Act 1974 applies to overseas transactions.
The Court of Appeal judgment in March last year confirmed the OFT's view that credit card issuers are jointly liable with overseas suppliers if the consumer has a valid claim for misrepresentation or breach of contract by the supplier where the price of the purchase is above £100 but no more than £30,000.
Consumers are, therefore, currently able to make a claim against the credit card issuer as well as or instead of the overseas supplier.
The House of Lords judgment will clarify whether section 75 covers foreign transactions including where:
a consumer uses a UK credit card to buy goods while abroad
a consumer orders goods from a foreign supplier while abroad for delivery into the UK
a consumer in the UK buys goods which are delivered to a UK address from overseas by telephone, mail order or over the internet
there is face-to-face pre-contract dealings with a foreign supplier temporarily in the UK, or with a UK agent of a foreign supplier, but the contract is not completed in the UK.
The hearing is expected to last two days and a judgment will be handed down in due course.
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