Section 75 refunds - article discussion

asdf123

I bought a used car a month ago from a dealer . Two weeks later they went into administration. I got suspicious and did a full hpi check on the car and it turns out it has an existing finance agreement. The dealer never mentioned about this.

I paid part of the payment by credit card , can i claim from credit card company according to section 75 ?
TIA

jif

can i still use section 75 even if i have paid off the credit card bill in full ?

derrick

jif wrote: »

can i still use section 75 even if i have paid off the credit card bill in full ?

Yes, you would normally be claiming under SoGA and that can be for "up to" 6 years, if you have a claim against the retailer, then you have the same claim,(jointly), against the CC supplier.

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abandonded

As part of a bathroom makeover, I ordered a back to the wall toilet and cistern and at that time, did not know that the wall was out of plumb. However, when the plumber first sat the toilet pan on the floor, it would have been immediately obvious that the wall was out of plumb because the back of the pan at floor level would be touching the wall, but at the top of the pan there would be a very noticeable gap. This being the case, it would have been impossible to fit the complete unit in a workmanlike manner flush to the wall because of the resulting gaps between the cistern and the wall and also between the cistern and toilet pan. In my opinion, exercising due skill and care, the fitter should have brought this to my notice immediately and the toilet and cistern type changed from a back to the wall type to one more suitable. However he did not and when I challanged him on the issue, he simply replied "You chose it". He subsequently has refused to replace the unit and has now sent his bill for the balance of £2100.
I paid the deposit by mastercard and now wonder how I can use Section 75 to resolve the issue. I would imagine that the cost of replacing the toilet and cistern to a more suitable type would cost in the region of £450 - £500.

Optimist

abandonded wrote: »

As part of a bathroom makeover, I ordered a back to the wall toilet and cistern and at that time, did not know that the wall was out of plumb. However, when the plumber first sat the toilet pan on the floor, it would have been immediately obvious that the wall was out of plumb because the back of the pan at floor level would be touching the wall, but at the top of the pan there would be a very noticeable gap. This being the case, it would have been impossible to fit the complete unit in a workmanlike manner flush to the wall because of the resulting gaps between the cistern and the wall and also between the cistern and toilet pan. In my opinion, exercising due skill and care, the fitter should have brought this to my notice immediately and the toilet and cistern type changed from a back to the wall type to one more suitable. However he did not and when I challanged him on the issue, he simply replied "You chose it". He subsequently has refused to replace the unit and has now sent his bill for the balance of £2100.
I paid the deposit by mastercard and now wonder how I can use Section 75 to resolve the issue. I would imagine that the cost of replacing the toilet and cistern to a more suitable type would cost in the region of £450 - £500.

Section 75 is only relevant if have a valid claim of breach of contract or misrepresentation.

It is arguable that this covers your situation if the workman was following your instructions

dillthedog

hello, unfortunately I had a bad experience with a building company. employed them twice- 1st work seemed ok, but a prob arose just under 5yrs later when i went to sell the hosue, contacted the company re. the problem, and they said diff work was needed. this went badly wrong. I withheld paying part of their bill , this went to court etc- it was then that it was discovered their work was terrible and will cost a fortune to sort my house. it was deemed 1st work was faulty as was subsequent work.
I won the case after nearly 2 years battle, I was awarded a sum in excess of 100k with costs and interest. the company put themselves into administration ( they hived off all their money/ assets just prior to me winning the case).
I discovered I had made a payment to them via credit card for the first lot of work.

whole thing was a nightmare, cost me a fortune- put me in enormous debt, made me ill and I have an unsellable house.

unable to get anything from administrator.

can I claim on credit card company?
I have contacted re. section 75- but they are being difficult to say the least, stalling tactics and so on- and I haven't even given them the whammy of the amount yet...:eek:
any advice??
cheers.

fatboyonadiet

I bought a Samsung Fridge Freezer from Sainsburys on my Egg card (now Barclaycard), and it has a manufacturing fault, it can no longer be repaired and Saumsung have offered me £390 payable once they have taken it away. I originally paid £550 for it.

If I claim from my credit card company are they likely to give me a full refund or give will they give me a refund based on the age of the appliance and the amount of usage I have had.

Samsung are refusing to replace the item or give a full refund and I can afford to pay the £200 difference I would need to get myself an equivalent model, hence why I am looking at my option of a Section 75.

Obviously there is no point in me going down this path if I dont get a full refund as the offer from Samsung is only valid for 10 days.

Optimist

fatboyonadiet wrote: »

I bought a Samsung Fridge Freezer from Sainsburys on my Egg card (now Barclaycard), and it has a manufacturing fault, it can no longer be repaired and Saumsung have offered me £390 payable once they have taken it away. I originally paid £550 for it.

If I claim from my credit card company are they likely to give me a full refund or give will they give me a refund based on the age of the appliance and the amount of usage I have had.

Samsung are refusing to replace the item or give a full refund and I can afford to pay the £200 difference I would need to get myself an equivalent model, hence why I am looking at my option of a Section 75.

Obviously there is no point in me going down this path if I dont get a full refund as the offer from Samsung is only valid for 10 days.

I assume they are making that offer based on the usage you have had from the item..

Even if the card company accepted you had grounds for a complaint under Section 75 ie for breach of contract or misrepresentation they would make a similar offer.

From the information supplied I would take the £390.

fatboyonadiet

Cheers, yes the offer is based on usage.

Might have to take the offer they've made then and cough up some extra.

lghw

I am considering buying something from DigitalRev. I believe they're Hong Kong based, but definitely UK-facing.

They're outside the UK, so the 12 month warranty doesn't necessarily apply. Instead, they boast that they offer local warranties* - where you take your camera or whatever to a local repair shop, get a quote and they will pay for the repair. Their reviews seem okay, and they seem to be a huge company. Based upon my research, I have no reason to doubt their warranty promises.

I know that Section 75 would cover the item not arriving or arriving faulty.

My question is: If the item develops a fault within the promised warranty period (12 months), but DigitalRev don't cooperate, would I have grounds for a Section 75 claim?

*Local warranty: digitalrev.com/help/worldwide-local-warranty/NDMzNTc5MQ_A_A