section 75 claim

dozydinah

I bought a dress for £135 from Coast in Debenhams. I had a voucher that reduced dress by 25% and because I opened a Debenhams store card to pay I received 10% off. That brought the price to £91.12. The dress seam split after 1 hour wear and the store will not refund. The credit company-Santander, say that section 75 does not apply as I only paid £91.12 on my card. I am confused. This site says if I paid any amount on the card then I would be covered.Can anyone help?

ILW

Section 75 only applies to amounts over £100.00

simon_templar_2

Dozy by name dozy by nature

Dabooka

simon_templar wrote: »

Dozy by name dozy by nature

"There's no such thing as a stupid question, and even if you disagree courtesy helps."

Or such words....

Mind, I'd still be kicking off why they're not replacing the dress; is the OP missing something out?

oscar52

dozydinah wrote: »

I bought a dress for £135 from Coast in Debenhams. I had a voucher that reduced dress by 25% and because I opened a Debenhams store card to pay I received 10% off. That brought the price to £91.12. The dress seam split after 1 hour wear and the store will not refund. The credit company-Santander, say that section 75 does not apply as I only paid £91.12 on my card. I am confused. This site says if I paid any amount on the card then I would be covered.Can anyone help?

You are not covered under Sec 75, as stated, you needed to have spent £100 or over on the dress. However, (and assuming its fairly new) you are covered under the Sales of Goods Act - if the dress split that quickly, you can argue that it is not fit for purpose. You could also argue that under the Sale and Supply of Goods to Consumers Regulations that the dress was faulty at the point of purchase (if less than 6 months old) and its up to the shop to prove otherwise.

bengal-stripe

Did the dress fit in the first place, or did you try to squeeze yourself in -
then, brute force meeting immovable object, the seam gave way?

jonathon

bengal-stripe wrote: »

Did the dress fit in the first place, or did you try to squeeze yourself in -
then, brute force meeting immovable object, the seam gave way?

I know i shouldnt laugh but i did anyway