Section 75 refunds - article discussion

bv1

your (newish) tv is useless, because the extended warranty, bought to cover repairs, was sold by a shop that's gone bust?
In December 2007, I bought a LG tv and a 3 year (incl. 1 yr man.) extended warranty with my credit card for £ 380 from empire direct, who are now in administration.
13 months later (3 weeks after the LG guarantee ended!!!) the tv stopped working properly and the administrators have confirmed that the extended warranty is worthless.
A new tv is a major purchase for me and I specifically wanted an extended warranty because I can't afford any extra costs. As empire direct were offering a "free extended warranty for electrical items" for becoming an empire member (£ 28), I bought from them, even though the tv itself was cheaper elsewhere.
2 questions:
Does section 75 apply in this case and, if so, does it apply to both the tv and the warranty?
Alternatively, can I claim the total costs from my credit card on the grounds that the warranty was 'not fit for purpose' (no cover provided!) and the tv wasn't 'of satisfactory quality' (lasted only 13 months!)
I suspect the answer might be 'no', it's worth a try!
Many thanks!
bv1

derrick

bv1 wrote: »

your (newish) tv is useless, because the extended warranty, bought to cover repairs, was sold by a shop that's gone bust?
In December 2007, I bought a LG tv and a 3 year (incl. 1 yr man.) extended warranty with my credit card for £ 380 from empire direct, who are now in administration.
13 months later (3 weeks after the LG guarantee ended!!!) the tv stopped working properly and the administrators have confirmed that the extended warranty is worthless.
A new tv is a major purchase for me and I specifically wanted an extended warranty because I can't afford any extra costs. As empire direct were offering a "free extended warranty for electrical items" for becoming an empire member (£ 28), I bought from them, even though the tv itself was cheaper elsewhere.
2 questions:
Does section 75 apply in this case and, if so, does it apply to both the tv and the warranty?
Alternatively, can I claim the total costs from my credit card on the grounds that the warranty was 'not fit for purpose' (no cover provided!) and the tv wasn't 'of satisfactory quality' (lasted only 13 months!)
I suspect the answer might be 'no', it's worth a try!
Many thanks!
bv1

Section 75 does apply.

I had a similar problem with my computer, purchased with a 4 year extended warranty, the computer shop went bust 18 months down the line, I went after the CC company who at first didn't want to know, but after persistence they agreed that they where liable under SoGA and eventually refunded the cost of the extended warrnty and said they would look at the case under SoGA in the future if the computer went wrong.

dfly0

Hi All,

I have read the article re cover for purchases - but cannot ascertain whether I would be covered if I paid for a year's membership of a health club and the club went bust during the year. Anyone know?
Thanks

klellman

I purchased a bed one my NatWest Visa. At the time of purchase I explained to the salesman that I had a 'tight' stairwell that the bed would have to be delivered via. He stated that the base was in two parts and that the mattress could be bent so it shouldn't be a problem.

Three weeks later the bed is finally ready for delivery. When the delivery man arrives he looks at my stairwell and states that there's no way the bed will fit and that it cannot be bent as that will damage the bed. He recommends that I refuse delivery and contact the bed company.

When contacting the bed company, they state as per the terms and conditions that 'The customer is responsible for checking the dimensions of any goods purchased to ensure they will fit into their property'. I explained that the bed would fit if it could be bent as per the salespersons statement, to which the said that his statement was not verifyable and was irrelevant. If I wished to cancel the order or order another bed there was a 20% administration fee.

Where do I stand with this? Do I have any rights as the salesperson mislead me? If I do have rights and the bed company are not co-operating, do I have any recourse through Section 75?

petersandyglen

derrick wrote: »

I hadn't realised that you had paid the deposit via PayPal, as far as I know that would mean you are not covered under Section 75, still worth a phone call to Consumer Direct to confirm.
As I said, if you had paid the deposit with your CC straight to the seller you would have been covered.

From the WHICH link above; -
"For example, if you buy something online and use Paypal or a similar payment service, your card payment is made to Paypal (on the agreement they will send the same amount to the trader)." But, since no card payment is actually made to the trader, the card company isn’t jointly liable if there is a problem with the goods or service.

So now I am in a real predicament, The company who promised to pay me back at so much a week has defaulted even on that agreement.
I have no car, I paid over £8000 in Jan. Have received a token payment of £789 back with still no assurance of getting anymore, and all this is because I phoned trading standards telling them I wished to purchase a car on E-bay and being told by them that as long as I paid a deposit by credit card, I would be covered. IF only the person I spoke to had realised that buying on E-bay may result in a payment through pay-pal I would not be in this position now. Even though the advice was from a proffessional body, I am left with no car and no money. Thank you very much trading standards.
What do I do next? Peter.

culle62

If I have booked flights on my credit card direct with the airline, and I have to cancel due to being unable to travel, can I claim my fare refund from my credit card company ?

derrick

petersandyglen wrote: »

So now I am in a real predicament, The company who promised to pay me back at so much a week has defaulted even on that agreement.
I have no car, I paid over £8000 in Jan. Have received a token payment of £789 back with still no assurance of getting anymore, and all this is because I phoned trading standards telling them I wished to purchase a car on E-bay and being told by them that as long as I paid a deposit by credit card, I would be covered. IF only the person I spoke to had realised that buying on E-bay may result in a payment through pay-pal I would not be in this position now. Even though the advice was from a proffessional body, I am left with no car and no money. Thank you very much trading standards.
What do I do next? Peter.

I am not sure that you can do anything, other than hope the payments continue, not much help now, but a lesson learned, always pay directly to seller/retailer with a Credit Card, I know you did use a CC and with what appears to be TS backing, (although you may not have given them enough info re how you where paying?).

Have you spoken to Consumer Direct? Numbers above in reply #80.

What about a claim through the small claims court against the company who are supposed to be paying you back?
You will need to inform them that you are going to take such action before actually doing so.

chillone

I drove my girlfriend to hospital who has a broken leg. I parked in the car park at 8:20am. My girlfriend had an 8:30am appointment in the physio department. It took two hours to help her walk to the hospital, have the appointment and get back to the car which had been clamped. I phoned the number on the ticket and gave the lady my reg number. She told me i had parked five minutes over the maximum time and that i had to pay £150 to remove the clamp. She even agreed with me that this was a bit harsh but told me i had to pay this to get my car back, so i reluctantly paid with my credit car, she then told me there was a £5 charge for using the card which i had no choice but to pay.

I was told if i damaged the clamp they would take off an extra £100. When i got home i noticed my alloy was a scuffed. Can i claim for that?

The main question is, can i get my £155.00 back i reluctantly paid, using section 75?

LizzH

Having purchased a Hard Top for our business Navarra (nearly £900) using the business Visa Debit Card, we found a fault after fitting. We informed the company, and they said that they would order the part and send it to us. They went bust! The card supplier says that they are not liable for the cost. I believed that it would the purchase would be covered as it was a visa debit card. Am I wrong! (if so what is the point!):o :mad:

derrick

LizzH wrote: »

Having purchased a Hard Top for our business Navarra (nearly £900) using the business Visa Debit Card, we found a fault after fitting. We informed the company, and they said that they would order the part and send it to us. They went bust! The card supplier says that they are not liable for the cost. I believed that it would the purchase would be covered as it was a visa debit card. Am I wrong! (if so what is the point!):o :mad:

Debit cards do not come under Section 75, you may be able to use "Visa chargeback" but unlikely as it is a business account, same as you would not be covered,(as a business), under SoGA.