Section 75 refunds - article discussion

playful_puppy

Hi
I've just joined & am hoping that someone can help with a bit of advice on what to do next please.

On 5/12/12 I bought a Sony Vaio laptop from Currys for £649.99 but with all the extras that they added on without explaining to me the bill came to £809.99. The laptop has never worked properly! I bought it at 5.30pm & they said they could have it set up, ready to go by 8pm when they closed. They never rang as promised & I had to phone the call centre to contact them so by the time I got through it was too late for me to collect it, a salesman was supposed to drop it off but didn't & when I asked where it was he said he wasn't given it. I had to wait until the next day. It ended up going in for repair on 28/3/13 & I got it back on 2/4/13. The managed admitted that they didn't have the time originally to set it up correctly & it was missing over a third of its windows programming, it wouldn't download anything & constantly threw up error messages. It still did all of this even though it had been repaired. Currys are charging me for 2 KnowHow (technical support) services which I can't use and now the laptop has completely died taking with it some very important paperwork that I was in the process of typing up (taken me 3 months & I'd almost finished - I was backing it up onto a memory stick when it died which wiped the stick!)

I have made a complaint to Currys head office & just kept being referred back to the store, which is how it finally got repaired as the store wouldn't do anything beforehand. Since the repair the store ignore my calls & the manager refuses to see me when I go in there. The sales staff say they cannot help as it has to be dealt with by the manager. I said I'd had enough and emailed head office to claim under the sale of goods act as it was not fit for purpose, the only reply I got from them was that it has never been repaired & to book it in for repair! (It still has the repair stickers on it) Nothing else has been heard from Currys & I'm back to using a laptop that's 9 yrs old, the keyboards had it, in fact so has the laptop!

My question is:- can I claim Section 75 even though I've already tried to claim under the sale of goods act? Can I also claim for the additional extras, they are under £100 each but I thought if I add them on, you never know Natwest might pay them anyway!

Thanks for any help/advice anyone leaves, I really appreciate it.

loveprada

I hope you dont mind me tagging on to this area. I have a question which follows on from a situation I have at the moment whereby I ordered a kitchen from the supplier but 30% of the items were wrong. They have not co-operated at all and I've tried to make a Section 75 claim. The CC first tried invoking a cashback but that hasnt worked so now I'm about to go back and exercise the Section 75 in full for the entire amount on the bill plus consequential loss. The consequential loss element is that the fitter turned out to be a cowboy and stupidly I have overpaid him as he insisted on "staged payments". He has disappeared because he claims he cannot progress further without the missing items. Anyway to cut a long story short, if I manage to get the costs and consequential losses element back from my CC, can I still sue the builder as I am really seething about the way he has treated me. I know I would win my case and would be delighted to have bailiffs turn up on his doorstep or his credit rating decimated until he coughs up. Does anyone know how section 75 works ie do they try to claw it back from the supplier if it is still solvent or do the make some sort of insurance claim from their own cover?

loveprada

playful_puppy wrote: »

Hi
I've just joined & am hoping that someone can help with a bit of advice on what to do next please.

On 5/12/12 I bought a Sony Vaio laptop from Currys for £649.99 but with all the extras that they added on without explaining to me the bill came to £809.99. The laptop has never worked properly! I bought it at 5.30pm & they said they could have it set up, ready to go by 8pm when they closed. They never rang as promised & I had to phone the call centre to contact them so by the time I got through it was too late for me to collect it, a salesman was supposed to drop it off but didn't & when I asked where it was he said he wasn't given it. I had to wait until the next day. It ended up going in for repair on 28/3/13 & I got it back on 2/4/13. The managed admitted that they didn't have the time originally to set it up correctly & it was missing over a third of its windows programming, it wouldn't download anything & constantly threw up error messages. It still did all of this even though it had been repaired. Currys are charging me for 2 KnowHow (technical support) services which I can't use and now the laptop has completely died taking with it some very important paperwork that I was in the process of typing up (taken me 3 months & I'd almost finished - I was backing it up onto a memory stick when it died which wiped the stick!)

I have made a complaint to Currys head office & just kept being referred back to the store, which is how it finally got repaired as the store wouldn't do anything beforehand. Since the repair the store ignore my calls & the manager refuses to see me when I go in there. The sales staff say they cannot help as it has to be dealt with by the manager. I said I'd had enough and emailed head office to claim under the sale of goods act as it was not fit for purpose, the only reply I got from them was that it has never been repaired & to book it in for repair! (It still has the repair stickers on it) Nothing else has been heard from Currys & I'm back to using a laptop that's 9 yrs old, the keyboards had it, in fact so has the laptop!

My question is:- can I claim Section 75 even though I've already tried to claim under the sale of goods act? Can I also claim for the additional extras, they are under £100 each but I thought if I add them on, you never know Natwest might pay them anyway!

Thanks for any help/advice anyone leaves, I really appreciate it.

You should try - my CC have been very helpful. The only problem is there is a time limit to making a Section 75 claim. In fact it is to your benefit that you have tried to deal with this direct with the supplier.

mae

Hi I am making a Section 75 claim. I was asked to get an independent report which I have plus I have sent them all the correspondence with the company that ignored my letters and also photographic evidence.

This has been ongoing since March. The independent report was sent to them 3 weeks ago at their request. I did ring to check if they had received it and they said they had and that they are now writing to the company to see how they are going to resolve it...which I doubt they are as I tried to resolve it with them first of course and they started blanking my letters...

My question is how much longer would you give them to resolve the issue as its dragging on now?

Optimist

mae wrote: »

Hi I am making a Section 75 claim. I was asked to get an independent report which I have plus I have sent them all the correspondence with the company that ignored my letters and also photographic evidence.

This has been ongoing since March. The independent report was sent to them 3 weeks ago at their request. I did ring to check if they had received it and they said they had and that they are now writing to the company to see how they are going to resolve it...which I doubt they are as I tried to resolve it with them first of course and they started blanking my letters...

My question is how much longer would you give them to resolve the issue as its dragging on now?

You have given them more enough time .

You are dealing with them under the statutory rights that Section75 gives you. This makes them equally liable and if they wish to claim from the supplier then that is up to them but it is of no consequence to you.

At this point I would give them 7 days in writing to action your Section 75 claim or you will consider it deadlocked. Send it on the Royal mail signed for service.

Your choice then is to either take it to the Financial Ombudsman Service or court, or indeed the FOS then court.

mae

Optimist wrote: »

You have given them more enough time .

You are dealing with them under the statutory rights that Section75 gives you. This makes them equally liable and if they wish to claim from the supplier then that is up to them but it is of no consequence to you.

At this point I would give them 7 days in writing to action your Section 75 claim or you will consider it deadlocked. Send it on the Royal mail signed for service.

Your choice then is to either take it to the Financial Ombudsman Service or court, or indeed the FOS then court.

Thank you I will write the letter tonight and see what comes of it..

mae

mae wrote: »

Hi I am making a Section 75 claim. I was asked to get an independent report which I have plus I have sent them all the correspondence with the company that ignored my letters and also photographic evidence.

This has been ongoing since March. The independent report was sent to them 3 weeks ago at their request. I did ring to check if they had received it and they said they had and that they are now writing to the company to see how they are going to resolve it...which I doubt they are as I tried to resolve it with them first of course and they started blanking my letters...

My question is how much longer would you give them to resolve the issue as its dragging on now?

Just to update on this...what I decided to do was ring the FOS before I sent a letter to the credit card company giving them a time frame. The FOS said to give them 8 weeks from the date of my last letter to them which included an independent report (8th August) and in the mean time the FOS are sending a letter to Tesco's complaints department to tell them they have 8 weeks. Hopefully this will hurry them along with a decision.

Thanks

Fletchasketch

Hi, Just wondering how necessary it is to have a receipt to claim under section 75?

I have a signed contract for orthodontic treatment from a company which has gone into administration, as well as the charge on my CC statement, but not the receipt. Will this be enough?

Optimist

Fletchasketch wrote: »

Hi, Just wondering how necessary it is to have a receipt to claim under section 75?

I have a signed contract for orthodontic treatment from a company which has gone into administration, as well as the charge on my CC statement, but not the receipt. Will this be enough?

It certainly should be, assuming the treatment it was going to cost more than £100. I'm guessing it wasn't costing over £30k

Fletchasketch

Thanks Optimist, the treatment cost £1800, all paid upfront.