Section 75 Consumer credit Act

molly44_2

HELP!! My mother purchased a suite for me as a gift and paid on her credit card. It was purchased last december and various faults have developed throughout the year, including the fact that when the settee and chair reclines the base of the furniture scrapes my carpet, which is now damaged as a result.

SCS the furniture company want to repair the furniture,replacing with the same mechanism/framework which is obviously not strong enough to hold weight of furniture as it is now bent. I have asked for a refund because there is no point replacing the mechanism with the same one as it will happen again, and also because faults developed with the fabric after only 1 month's use, which they insist is not a fault.

My mother has tried to claim from her credit card company under section 75, but they have told her that even though she paid in full on her credit card (£3500) the contract is between me and SCS as it is my furniture.

Can someone please advise on the best action

Many thanks

molly44

michael1983l

I think your credit card company is right, it is between you and the sofa company. They are offering to repair it regardless of wether you think it will work or not hence the reason the credit card company don't want or need to get involved.

oscar52

I may be wrong - but I think the contract is between your mother / SCS and the CC company.

Your mother paid in full for the suite, and gave/donated/you paid her back for the suite. It is irrelevant where the goods are.

However, you state yourself that problems developed after one month - the fabric, which you dont appear to have chased up. Nor did you chase up the fact the mechanism caused damage to your carpets - however, I think you would have to show that the fault lay with the mechanism.

As the suite is 12 months old, and I am assuming you have used/sat on it during this time, I would say SCS are within their rights to carry put a repair rather than replace or refund.

molly44_2

Thanks for your replies. The fault with the fabric developed after 1 month of use and SCS have insisted despite numerous letters and phone calls to them that the fabric is not faulty.

The problems with the mechanism occurred after 10 months of use but it has taken them this long for the upholsterer to inspect the suite and for them to offer a repair. The upholsterer agreed that the carpet was damaged as a result of the faulty mechanism but they have not offered a solution to the damaged carpet.

Can I claim for this damage?

michael1983l

did they put it in writing that they admitted to the frame causing damage to your carpet?

molly44_2

michael1983l wrote: »

did they put it in writing that they admitted to the frame causing damage to your carpet?

No they have not mentioned the carpet just a letter saying that they will replace mechanisms on suite. I telephoned them and have written a letter (another one!!)

michael1983l

molly44 wrote: »

No they have not mentioned the carpet just a letter saying that they will replace mechanisms on suite. I telephoned them and have written a letter (another one!!)

In which case you can't claim against them for your carpet as they havn't admitted liability.

molly44_2

michael1983l wrote: »

In which case you can't claim against them for your carpet as they havn't admitted liability.

Their faulty furniture has damaged my carpet so surely I can claim compensation from them- they are not going to admit liability are they?