Section 75 refunds - article discussion

carjunkie83

Hi,

I'd like some advice on this to back up my thoughts:

I purchased a carpet cleaning equipment package in September 2015, total package price circa £2,500.

After about 6 weeks a major component developed a fault. The retailer/manufacturer refused to repair or replace the faulty component and basically forced me to purchased a replacement from them.

I needed the machine working as I had jobs booked. So, after much debate I purchased a replacement component and went on my way. The company did give me £100 credit towards a new component in exchange for the original part (valued at nearly double that). I am sure they will repair the item and sell it on for a profit, but that's not the point.

After a couple more months the replacement part also developed a fault (a different fault) that made it unusuable. I contacted the retailer and got the same response. Buy a new one or pay for repairs. The item had very light use and was sold as a premium component, so it was reasonable to expect it to last more than a few months.

I explained that I was unahppy with the company and the quality of the products supplied and asked for replacement/repair under the Sales of Goods Act. The retailer simple stated that the item didn't come with a warranty and that the SOGA didn't apply to business to business transactions. I am sure that it does and as the retailer's terms do not exclude any of the SOGA I should be entitled to use it, is that correct?

I bought the package using my personal credit card and I had to pay the difference between the £100 credit they gave me for the first replacement item and the value of the second component using my personal debit card. The difference was about £175.

As the retailer is flatly refusing to do anything about the issue I want to claim under section 75 for the machine and the replacement component. As I initially bought the entire package as one item (one item on the invoice, not broken down into sub items) can I now claim for a refund for the entire package and replacement part under section 75?

I no longer have any faith in the retailer, or the quality of their products as two components have failed within a very short space of time and they have refused to help in any way.

I would like to avoid court proceedings as they are time consuming and quite costly. I will also need to purchase another machine in the interim at a similar cost and I need to do that sooner rather than later as everyday I don't have a working machine I am losing out on a few hundred pounds.

Suggestions, answers and comments all welcome! Thanks for your help in advance.:beer:

antrobus

carjunkie83 wrote: »

....I explained that I was unahppy with the company and the quality of the products supplied and asked for replacement/repair under the Sales of Goods Act. The retailer simple stated that the item didn't come with a warranty and that the SOGA didn't apply to business to business transactions. I am sure that it does and as the retailer's terms do not exclude any of the SOGA I should be entitled to use it, is that correct? ....

Some bits of it do, and some some bits of it don't, and some bits can be excluded in the contract.

carjunkie83 wrote: »

....As the retailer is flatly refusing to do anything about the issue I want to claim under section 75 for the machine and the replacement component. As I initially bought the entire package as one item (one item on the invoice, not broken down into sub items) can I now claim for a refund for the entire package and replacement part under section 75?...

Well it's section 75 of the Consumer Credit Act. I don't know if it applies to the use of consumer credit for business purposes.

In any case s75 only gives you the same right of redress against the lender as you do against the supplier.

makemesumdosh

Are you a member of a trade union or is your partner ?
if so check out what legal cover you have. Unite offer you an initial 30 minute telephone call to a solicitor free of charge

SenseSeeker

Help Required:

I've started a Section 75 claim after buying a bathroom vanity unit that was delivered with damaged drawer fronts. The merchant has not answered my emails and support messages, so refusing to be reasonable.

I sent photos and details to the credit card provider, who has now replied and asked for more information "Confirmation that you informed the merchant that the goods are available for collection (this usually takes the form of an email)."

Please can you advise if this is really relevant to my claim, or is it just a delaying/avoidance tactic by the credit card company?

Note: I initially contacted merchant by their online "support" system and then later by email. I have now sent an email to confirm that the goods can be collected.

Thanks

Crabman

SenseSeeker wrote: »

Help Required:

I've started a Section 75 claim after buying a bathroom vanity unit that was delivered with damaged drawer fronts. The merchant has not answered my emails and support messages, so refusing to be reasonable.

I sent photos and details to the credit card provider, who has now replied and asked for more information "Confirmation that you informed the merchant that the goods are available for collection (this usually takes the form of an email)."

Please can you advise if this is really relevant to my claim, or is it just a delaying/avoidance tactic by the credit card company?

Note: I initially contacted merchant by their online "support" system and then later by email. I have now sent an email to confirm that the goods can be collected.

Thanks

I don't know whether they can make such a condition (you could contact the Financial Ombudsman Service's technical advice desk for advice), but if you've sent the retailer an email then sending that on to the credit provider should be sufficient.

jonesMUFCforever

Well you cannot keep the item AND get your money back, so in my opinion, telling the retailer that they can collect or send a courier to collect the goods within a reasonable timeframe is fine - this then means they have no excuse to delay giving you the funds back.

KJO_3

derrick wrote: »

Any amount, even 1p.

.

Hi


I just asked for some advice from my bank regarding this... and the 'agent' as they are called informed me that if I buy an item for, say, £1000 and pay for half on credit card and half by other means (cash, visa debit) then only the amount paid on the credit card (i.e. £500 in this example) will be covered...


???


Bogey advice?

derrick

KJO wrote: »

Hi


I just asked for some advice from my bank regarding this... and the 'agent' as they are called informed me that if I buy an item for, say, £1000 and pay for half on credit card and half by other means (cash, visa debit) then only the amount paid on the credit card (i.e. £500 in this example) will be covered...


???


Bogey advice?

Not true.

Read this, there are some examples on there. As long as the item is between £100-30,000, then regardless of what amount is paid on finance , the whole amount is covered under S75.


See FOS.


And CCA75

.

KJO_3

derrick wrote: »

Any amount, even 1p.

.

derrick wrote: »

Not true.

.

Young Man! Do you mean to suggest that the bank has misinformed me?!?!?!

joewa

Advice please ;
December I purchased a treadmill . I paid for someone to build this but we discovered the machine had a crack on it and was returned before it was built .
Company sent out a replacement and I paid for some to build this but after it was build we discovered it was not working. I called the company up and they want me to dismantle it and re-package and send back to them before I get a refund . I am disabled and unable to do this and don't want to be more our of pocket by paying someone again to do this .
Can anyone offer any advice please