section 75 claim
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truth44
Posts: 15 Forumite
hello,
i have made a claim under section 75 against argos and as usual they have turned their back and told me to contact the supplier.To cut a long story short product has gone faulty and i have contacted the manufacturer.They replied by advising me that there will be handling fees and repair costs involved.My argument is that this should have been clearly written in the warranty card which in this case its not.I have spoken to the credit card company and they have now forwarded the case to a senior member of staff.
Correct me if i am wrong is this not a breach of a contract?Surely the charges and any fees must be made explicit at the point of sale whether it is verbal or in writing.The product still falls under the warranty.Should i be writing to the financial ombudsmen at this stage or is it best to wait for the response by the credit card company?
i have made a claim under section 75 against argos and as usual they have turned their back and told me to contact the supplier.To cut a long story short product has gone faulty and i have contacted the manufacturer.They replied by advising me that there will be handling fees and repair costs involved.My argument is that this should have been clearly written in the warranty card which in this case its not.I have spoken to the credit card company and they have now forwarded the case to a senior member of staff.
Correct me if i am wrong is this not a breach of a contract?Surely the charges and any fees must be made explicit at the point of sale whether it is verbal or in writing.The product still falls under the warranty.Should i be writing to the financial ombudsmen at this stage or is it best to wait for the response by the credit card company?
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Comments
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The warranty is what the manufacturer wants it to be and doesn't really have Anything to do with consumer rights.
You are conflating 2 different things0 -
A warranty is over and above as well as being separate to your consumer rights. A warranties term are what they are and you have to abide by them.
If you think you have a consumer rights issue then you need to explain the timescales from new and what the problem is.
Genuine warranty claims don't usually ask for handling fees and repair costs so I believe there may be more to this, can you explain what they want they payments?0 -
Correct me if i am wrong is this not a breach of a contract?
Concentrating on the warranty...
What were you told about the warranty (and handling and repair costs) before you purchased the item?
If you were told that there was a warranty before you purchased, but no handling costs and repair costs were mentioned - it's a case of "What would a reasonable person expect?"
i.e. Would a reasonable person expect that a warranty would have handling costs and repair costs?
Bear in mind that some suppliers talk about 'limited warranties' or 'parts only warranties' (where labour costs aren't covered).0 -
Have you even mentioned your problem to Argos?
Surely that would be your first port of call with a faulty product?
After all, it is Argos you have a contract with, not the manufacturer.
Having said that Section 75 makes the credit supplier equally responsible with the seller for performance of the contract, so there is no reason why you cannot go directly to the CC Co.
You cannot go to the FOS until either eight weeks have passed or the CC Co issues a deadlock letter.
What was the purchase price of the thing you bought?0 -
hello,
i have contacted argos and they suggest that i contact the company as it is the manufacturers warranty that covers the product.
In which case the manufacturer have replied that the charges are shown in the warranty card.
Upon checking the warranty it does not state anything with regards to charges and fees.
Have sent the information to the credit card company and I am still waiting for a reply.
thanks0 -
the purchase price is around £2000
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Argos are generally very good with faulty items.
How old is the item, do they agree the fault is inherent?0 -
A warranty is over and above as well as being separate to your consumer rights. A warranties term are what they are and you have to abide by them.
If you think you have a consumer rights issue then you need to explain the timescales from new and what the problem is.
Genuine warranty claims don't usually ask for handling fees and repair costs so I believe there may be more to this, can you explain what they want they payments?
The payments are for shipping costs and repair costs if the product falls out of the warranty terms and conditions.The shipping costs are chargeable regardless whether i go ahead with the repair or not which i believe is unfair.0 -
Concentrating on the warranty...
What were you told about the warranty (and handling and repair costs) before you purchased the item?
If you were told that there was a warranty before you purchased, but no handling costs and repair costs were mentioned - it's a case of "What would a reasonable person expect?"
i.e. Would a reasonable person expect that a warranty would have handling costs and repair costs?
Bear in mind that some suppliers talk about 'limited warranties' or 'parts only warranties' (where labour costs aren't covered).
At the time i was just told that the receipt from argos is the warranty.It does not mention anything about charges or fees.Is there not a law that states that any charges must be made explicit at the point of sale.?0 -
unforeseen wrote: »The warranty is what the manufacturer wants it to be and doesn't really have Anything to do with consumer rights.
You are conflating 2 different things
Surely the warranty should mention charges and fees upfront inside the warranty as opposed to charging consumers after the product goes faulty.There is a sense of being misled into buying the product as any consumer would think that the warranty covers the product0
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