Section 75 refunds - article discussion

Crabman

Blether wrote: »

I bought my daughter a washing machine which has a damaged seal. We reported it to the shop Argos and they declined to repair it as it was a couple of days outside the guarantee. It looks like there was a bubble in the seal and it tore. Is that the sort of thing that can be claimed under the Section 75 rules. It was paid for using a Capital One Card.

Thanks

If the CC firm knows you bought it for your daughter, the claim may be rejected as Section 75 sometimes doesn't apply where there isn't a straight debtor-creditor-supplier link (there's some confusion about this). If the receipt is in your name, it may be ok.

The guarantee period is not the same as your statutory rights which state items must last a reasonable period of up to 6 years.

SystemFan

Hi, probably know the answer to this one, but just in case


I bought 4 flights about £280 each and 10 days before we left a person dropped out. Airline TC will only refund air duty. Is it worth filing a section 75 with my ccard company, or will they just say get the money from the non traveller/payer.


Cheers for any help

Browntoa

section 75 does not cover a person dropping out

Gsal

I purchased a car in Dec 2014 from a trader. the car was advertised with features such as parking assist and start/stop technology, but these features were not there. I found this after 2 weeks of purchasing the car when i tried to use them. I then raised a Sec 75 claim with my credit card company but this was rejected on the grounds that I inspected the vehicle and test drove it prior to purchase. Similar response has been given by the trader. They also referred to the please note section on traders website stating ” The information displayed describes the typical specification of the most recent model of this vehicle. It is not the exact specification for the actual vehicle being offered for sale which may vary. Specifications for older models may also vary. Please contact us prior to purchase to confirm the exact specification of this vehicle.”
When I went to view the car my focus was to ensure car was well maintained and there were no scratches etc. there was no mention of there terms and condition at the time of purchase and no efforts was made by the trader to make me aware of please note section.
Please advise – do I have valid claim? if yes, how do i proceed? can I make a complaint to Ombusmand re Sec75 claim

Helen9999

Hi,
We bought a car May 2014 in my husbands name. The car was 6 months old, so was registered December 2013. We part exchanged our old car and paid a £200 deposit on the credit card (Ill have to check if the card we used was either in my husbands name or mine - as we both are card holders). The rest we financed with the dealers, over 5 years where the car is ours at the end of it. Firstly, the car has known rust issues (apparently well know on this make and model)... and was taken in a fixed, in my opinion not up to standard... then more recently the car broke down on us in France and was fixed under warranty. It needed a new Turbo. I wrote to the company basically saying I'm not happy with the car and this was there reply;
"I am pleased you are now back in the UK with your vehicle.

As a responsible manufacturer we released a reassurance campaign to check the paintwork on specific Dacia Duster’s, and I understand your vehicle has been thoroughly inspected as part of this campaign.

Although we do not anticipate for you to experience a breakdown I fully understand the required repair must have been disappointing. Your manufacturer’s warranty is in place to cover such eventualities. The turbo repair is guaranteed for the remaining duration of your manufacturer’s warranty.

Under the terms of the warranty we reserve the right to repair your vehicle, and as the repair has successfully been completed we would not accept a return of your vehicle on this occasion. Should you remain dissatisfied you can contact your finance company to discuss the matter further. I understand the vehicle was purchased used from Renault Croydon, in this instance the sale of contract would be between yourself and the dealership."


Unfortunately Dacia Croydon (where we bought it) are not my local garage and therefore getting there in person is hard and they don't seem to reply to any of my emails etc. Since reading about this section 75, I'm wondering now if we could claim from the credit card - but don't know where I stand as we have finance on the car. Should I get an independent inspection done of the car like the example in the MSE email?? The car seems really cheaply made etc... the fact it broke down on us is really the final nail in the coffin for it... but there are also rusty bits which were missed when it went in for its apparent inspection and repair.
Any help / advice appreciated - Or if I need to post this elsewhere please let me know.

Southend65

Hi there,

I wonder if someone out there would be kind enough to offer some advice.

I purchase a brand new carbon bicycle from a local bike shop and paid the full amount (£1400) on my Tesco Visa card. Some 15 months after purchase, I noticed that there were number of areas on the bike where the lacquer protection was bubbling and peeling off.

I took the bike back to the bike shop, who basically said "that's rubbish, we'll raise a warranty claim with the manufacturer (Giant) and will come back to you.

A couple of days later the bike shop contacted me and I was told that although Giant offered a lifetime warranty on their frames, the warranty period was only 12 months when it related to lacquer and decals. This was apparently due to the fact that the carbon can 'flex'.

I'm horrified at this and believe that this 12 month period is unreasonable but my complaint is not really with the local bike store, but more with Giant.

Can I use Section 75 in a case such as this since I would have expected paint to stay on my bike for more than 15 months.

Thanks in advance

Geoff

derrick

Southend65 wrote: »

Hi there,

I wonder if someone out there would be kind enough to offer some advice.

I purchase a brand new carbon bicycle from a local bike shop and paid the full amount (£1400) on my Tesco Visa card. Some 15 months after purchase, I noticed that there were number of areas on the bike where the lacquer protection was bubbling and peeling off.

I took the bike back to the bike shop, who basically said "that's rubbish, we'll raise a warranty claim with the manufacturer (Giant) and will come back to you.

A couple of days later the bike shop contacted me and I was told that although Giant offered a lifetime warranty on their frames, the warranty period was only 12 months when it related to lacquer and decals. This was apparently due to the fact that the carbon can 'flex'.

I'm horrified at this and believe that this 12 month period is unreasonable but my complaint is not really with the local bike store, but more with Giant.

Can I use Section 75 in a case such as this since I would have expected paint to stay on my bike for more than 15 months.

Thanks in advance

Geoff

Actualy your complaint is against the bike store under SoGA.

Giant can put whatever terms they want in their warranty.

S75 gives you equal rights against the CC supplier as against the bike store, (assuming your Visa card is a credit and not a debit card).

Try the bike store first, they may surprise you.




.

Southend65

The bike shop are just referring me to the manufacturer (Giant) and Giant are basically saying "tough cookie - the warranty on the paintwork is 12 months", so I've reached a bit of an impasse.

I guess my question is whether I can progress under a Section 75 claim when the guarantee offered by Giant only covers the first 12 months.

Card used was a Tesco Mastercard.

derrick

Southend65 wrote: »

The bike shop are just referring me to the manufacturer (Giant) and Giant are basically saying "tough cookie - the warranty on the paintwork is 12 months", so I've reached a bit of an impasse.

I guess my question is whether I can progress under a Section 75 claim when the guarantee offered by Giant only covers the first 12 months.

Card used was a Tesco Mastercard.

Bike shop is wrong, this is now SoGA.

Warranty is in addition to statutory rights, (SoGA).

You can make a S75 claim against Tesco.

.

kljones

Can anybody tell me if I will be able to make a section 75 claim if the company i have paid to rent a villa from has gone into liquidation? I paid by credit card. The company hasn't paid the villa owner and so the booking no longer stands.
thanks