Section 75 cover question

What side of six months is it? If it the wrong side of six months then the retailer doesn't have to do anything, yet. Why is the manufacturer not helping as it should still be under warranty?


S75 is a right in law so if you prove there has been a breach of contract then as long as it was over £100 then they are legally obliged to offer you a remedy.


Note the if you prove a breach comment, as its been over six months then it's up to you to get the necessary report from an independent expert to be able to state that the fault was inherent at the time of purchase.

MrMrMr wrote: »

It's over 9 months now and well over £100 yes. Not sure about all this all I know is its faulty and within 12 months so someone should be helping. It's actually been nearly 2 weeks now since initial contact to the retailer as well.

Retailer has contacted the manufacturer and they are still waiting an official line/proof from retailer that they won't cover it.

From my point of view it's so frustrating. All I can prove is my invoice and the fact it's not working! Apart from that I've been the go between....

Sounds like it’s early days yet. Bris is spot on also.

S75 ain’t gonna kick in till you get no joy from resolving with the merchant/manufacturer, as frustrating as that might be

It would help if you told us what it was. It's hard to comment without getting key facts that then emerge later.

I'm assuming it isn't a washing machine from Currys?

My one and only experience with Section 75 was with a Nationwide credit card and Currys. I've documented it on MSE before. An oven was delivered damaged and I didn't open it within what they deemed the necessary timescale. Both companies were absolutely hopeless and I didn't get any progress until I started a small claims action agains both of them. It then went to the legal department in Currys where it was resolved satisfactorily by a polite helpful person.

The retailer is responsible legally - not the manufacturer. You may have a manufacturers warranty but that is in addition to and doesn't replace any statutory rights.

MrMrMr wrote: »

Long story...short...

bought something from a retailer, 6 months ago now is faulty, they said after 6 months its manufacturers responsibility. Now I've been back and forwards 1 passing to the other all the time.

So decided to phone the credit card company bought from under section 75. He said as I didn't buy direct from the manufacturer then can't do it, only a chargeback? is this correct?

So lets say buy a Bosch washing machine from Currys, I wouldn't have Section 75 cover as bought from Currys not Bosch direct? doesn't sound correct to me?

Section 75 applies to the retailer and not the manufacturer. If you buy direct from a manufacturer then that manufacturer is the retailer.

Section 75 applies where the payment is direct and uninterrupted. If you pay with a credit card that payment is direct but if you pay through a service such as PalPal the payment is interrupted and section 75 doesn't apply: i.e. the money is taken from your credit card and deposited into your PayPal account and the balance of your PayPal account is used to pay the retailer. However PayPal provides their own in-house guarantee.

A time limit also applies as stated in previous posts.

Anthorn wrote: »

A time limit also applies as stated in previous posts.

Just to be clear, there's no time limit with Section 75 as such, unlike chargeback where there is a clearly defined 120 day window within which to claim.

In the specific context of purchasing an electrical item, for example, then generic Sale of Goods Act provisions come into play and so it's not practical to make a s75 claim if it breaks down after, say, five years of ownership, but that's not really a s75 limitation as such, and s75 can apply to breaches of very lengthy contracts.