Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@. Skimlinks & other affiliated links are turned on

Search
  • FIRST POST
    • MrMrMr
    • By MrMrMr 11th Oct 17, 7:55 PM
    • 171Posts
    • 6Thanks
    MrMrMr
    Section 75 cover question
    • #1
    • 11th Oct 17, 7:55 PM
    Section 75 cover question 11th Oct 17 at 7:55 PM
    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?
Page 1
    • eco_warrior
    • By eco_warrior 11th Oct 17, 8:07 PM
    • 18 Posts
    • 6 Thanks
    eco_warrior
    • #2
    • 11th Oct 17, 8:07 PM
    • #2
    • 11th Oct 17, 8:07 PM
    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?
    Originally posted by MrMrMr
    Hey

    An item like a washing machine wouldnít be covered by a chargeback after 6 months, only 120 days from the day you receive it. So thatís wrong for one.

    In regard to who it was purchased from, thatís who your contract is with so they would need to help you with the fault and if they didnít you could look at a S75 claim via your bank. Just say neither the merchant nor manufacturer will help you and they should step in mate
    • bris
    • By bris 11th Oct 17, 8:58 PM
    • 6,939 Posts
    • 5,958 Thanks
    bris
    • #3
    • 11th Oct 17, 8:58 PM
    • #3
    • 11th Oct 17, 8:58 PM
    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
    • By MrMrMr 11th Oct 17, 9:28 PM
    • 171 Posts
    • 6 Thanks
    MrMrMr
    • #4
    • 11th Oct 17, 9:28 PM
    • #4
    • 11th Oct 17, 9:28 PM
    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....
    • eco_warrior
    • By eco_warrior 11th Oct 17, 10:03 PM
    • 18 Posts
    • 6 Thanks
    eco_warrior
    • #5
    • 11th Oct 17, 10:03 PM
    • #5
    • 11th Oct 17, 10:03 PM
    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....
    Originally posted by MrMrMr
    Sounds like itís early days yet. Bris is spot on also.

    S75 ainít gonna kick in till you get no joy from resolving with the merchant/manufacturer, as frustrating as that might be
    • eddddy
    • By eddddy 12th Oct 17, 7:17 AM
    • 5,295 Posts
    • 4,934 Thanks
    eddddy
    • #6
    • 12th Oct 17, 7:17 AM
    • #6
    • 12th Oct 17, 7:17 AM
    S75 ainít gonna kick in till you get no joy from resolving with the merchant/manufacturer, as frustrating as that might be
    Originally posted by eco_warrior
    That's not correct.

    Section 75 makes the CC company and retailer jointly liable for a breach of contract.

    If there is a breach of contract, you can choose whether to persue the CC company, the retailer or both.

    Whichever way you go, the big challenge will be proving breach of contract.

    The breach might be that the washing machine is not of satisfactory quality - or the breach might be of the terms of the warranty.

    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?
    Originally posted by MrMrMr
    That's a red herring. Your claim is against the retailer for breach of contract - not the manufacturer.
    • Nebulous2
    • By Nebulous2 12th Oct 17, 7:54 AM
    • 1,598 Posts
    • 972 Thanks
    Nebulous2
    • #7
    • 12th Oct 17, 7:54 AM
    • #7
    • 12th Oct 17, 7:54 AM
    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.
    • PeacefulWaters
    • By PeacefulWaters 12th Oct 17, 9:49 AM
    • 7,002 Posts
    • 8,610 Thanks
    PeacefulWaters
    • #8
    • 12th Oct 17, 9:49 AM
    • #8
    • 12th Oct 17, 9:49 AM
    Tell us what the product bought was.

    It's genuinely relevant to the likelihood of succeeding with a S75 claim.
    • Anthorn
    • By Anthorn 12th Oct 17, 1:24 PM
    • 3,160 Posts
    • 814 Thanks
    Anthorn
    • #9
    • 12th Oct 17, 1:24 PM
    • #9
    • 12th Oct 17, 1:24 PM
    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?
    Originally posted by MrMrMr
    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.
    • jack_pott
    • By jack_pott 12th Oct 17, 2:01 PM
    • 4,192 Posts
    • 5,349 Thanks
    jack_pott
    I once rang with an enquiry about S75 (just an enquiry, not a claim), and I got a bloke in the call centre who just kept repeating "your card doesn't offer that facility, sir" over and over again like a parrot. So my experience is that they'll say whatever they think will fob you off.
    I'm not upset that you lied to me, I'm upset that from now on I can't believe you.
    Friedrich Nietzsche
    • eskbanker
    • By eskbanker 12th Oct 17, 2:32 PM
    • 5,631 Posts
    • 5,471 Thanks
    eskbanker
    A time limit also applies as stated in previous posts.
    Originally posted by Anthorn
    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.
    • jonesMUFCforever
    • By jonesMUFCforever 12th Oct 17, 6:23 PM
    • 24,103 Posts
    • 11,380 Thanks
    jonesMUFCforever
    MrMrMr - does this 'item' not have at least a 12 month warranty?

    Have you tried claiming under this first??
    What goes around - comes around
    give lots and you will always receive lots
    • derps
    • By derps 12th Oct 17, 9:02 PM
    • 88 Posts
    • 70 Thanks
    derps
    Cool vague OP
    • eco_warrior
    • By eco_warrior 15th Oct 17, 12:09 AM
    • 18 Posts
    • 6 Thanks
    eco_warrior
    That's not correct.

    Section 75 makes the CC company and retailer jointly liable for a breach of contract.

    If there is a breach of contract, you can choose whether to persue the CC company, the retailer or both.

    Whichever way you go, the big challenge will be proving breach of contract.

    The breach might be that the washing machine is not of satisfactory quality - or the breach might be of the terms of the warranty.



    That's a red herring. Your claim is against the retailer for breach of contract - not the manufacturer.
    Originally posted by eddddy
    If the merchant will resolve the issue there is no breach surely?
    • eco_warrior
    • By eco_warrior 15th Oct 17, 12:21 AM
    • 18 Posts
    • 6 Thanks
    eco_warrior
    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.
    Originally posted by Anthorn
    I would argue PayPal transactions are covered as long as there is DCS. Most PayPal transactions will have have a link in my experience unless itís a single seller
    • MrMrMr
    • By MrMrMr 18th Oct 17, 8:25 PM
    • 171 Posts
    • 6 Thanks
    MrMrMr
    Well I've been back and forwards for nearly 3 weeks now between the manufacturer and the retailer.

    The retailer has phoned the manufacturer and asked what was needed. An email with footer on forwarded via me. Did this, same reply...

    It's ridiculous this, retailer saying after 6 months it's manufacturer and the manufacturer staying need reason why from retailer!?!?

    Fair to say won't be using either again after this, bit I'm still no where and actually have lost some warranty time as well if it ever gets sorted.

    I've pleaded with the manufacturer direct to solve it with me and then take up with manufacturer as they are big company but won't.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

677Posts Today

6,303Users online

Martin's Twitter
  • RT @LordsEconCom: On Tuesday Martin Lewis, Hannah Morrish & Shakira Martin gave evidence to the Cttee. Read the full transcript here: https?

  • Ta ta for now. Half term's starting, so I'm exchanging my MoneySavingExpert hat for one that says Daddy in big letters. See you in a week.

  • RT @thismorning: Can @MartinSLewis' deals save YOU cash? ???? https://t.co/igbHCwzeiN

  • Follow Martin