Claim under Section 75 of Consumer Credit Act

MrsMystic

Hi – I am trying to make a claim against my credit card company under Section 75 of the Consumer Credit Act. My HP laptop packed up due to a faultly nvdia chip. It was out of warranty - so I decided to pursue Co-Operative. Their response to all the letters that I have written are saying that it was out of warranty and they are not liable. They make no reference to Section 75 of the Consumer Act, their liability or why they wouldn’t be liable under it.
I have asked them this – but their reply is “we wrote to the company [Comet] for their proposals to resolve this matter … but due to the comments from the merchant we are unable to pursue this any further on your behalf as the laptop was outside of the Warranty”. They go on to suggest that I should take this up with the merchant and not them.
Any ideas as to how I should pursue this – they won’t make any reference to this Section 75. The only option I feel is a complaint to the Financial Ombudsman.

ILW

On what basis are you making a claim?
What have Comet said?

Comet_company_representative

MrsMystic wrote: »

Hi – I am trying to make a claim against my credit card company under Section 75 of the Consumer Credit Act. My HP laptop packed up due to a faultly nvdia chip. It was out of warranty - so I decided to pursue Co-Operative. Their response to all the letters that I have written are saying that it was out of warranty and they are not liable. They make no reference to Section 75 of the Consumer Act, their liability or why they wouldn’t be liable under it.
I have asked them this – but their reply is “we wrote to the company [Comet] for their proposals to resolve this matter … but due to the comments from the merchant we are unable to pursue this any further on your behalf as the laptop was outside of the Warranty”. They go on to suggest that I should take this up with the merchant and not them.
Any ideas as to how I should pursue this – they won’t make any reference to this Section 75. The only option I feel is a complaint to the Financial Ombudsman.

Hi MrsMystic,

My name’s Matt and I’m from Comet.

It was disappointing to learn of the problems that you are experiencing with your Hewlett Packard laptop.

Although some models of Hewlett Packard laptops are affected by the Nvidia defect, this has not affected all models and is dependent upon the exact model and product number of the laptop you currently have.

Therefore, if you could please email me using the link below I will look into this matter further for you. I will require the serial number and product number of your laptop, including any purchase details you may have.

https://comet.custhelp.com

You will need to register a few details with us to be able to send your e-mail in.


Thanks

Matt

Lapcure

Hello MrsMystic

You have every right to make a Section 75 claim for the inherently defective laptop that Comet sold you.

They have sold plenty of these defective laptops and are busy fielding claims from what must be hundreds of customers

Matt, the Comet company representative, states:-

Although some models of Hewlett Packard laptops are affected by the Nvidia defect, this has not affected all models and is dependent upon the exact model and product number of the laptop you currently have.

I have heard this so many times from HP, DSG Retail and Comet and you can totally disregard this comment as it is wholly untrue.

There are so many HP laptops failing that are not on HP's wholly inadequate "list" that it makes their list irrelevant.

I run a UK based forum that tackles this specific problem and has been doing so for over a year now.

We have achieved great success for hundreds of customers now and the numbers are growing daily.

All help and advice is free.

If you Google "Nvidia defect forum" (no quotes needed) you will find us at number 1.

Come on over and you will find a wealth of information about Comet and how to secure a refund.

Best wishes

Paul
The Nvidia Defect Forum

MrsMystic

Thanks for this, Paul.

I've had a look at the website and its got some really interesting stuff on it and I shall certainly be following the instructions on your website.

MrsMystic

ILW

Have Comet offered a repair or refund?
Section 75 only comes into play when you have exhausted all avenues with the retailer.

gnaril

Hello.

Couple of things.

You have not stated how long you have had the item.... I am assuming its been over 1 year as you do mention the warrant aspect.

From your relatively short post your banks right.

You have nothing to prove the item is inherantly faulty and the chanced of you getting an independant report to back up the fact.

After 6 months its up to you to prove it was faulty when you bought it, otherwise it could be wear and tear/you dont something wrong/dropped it whatever the circumstances.

The fact there is some forum online saying other people have been affected doesnt prove in your case the item was inherrantly faulty.

Oh and yes you need to pursue direct with the retailer because all your bank are going to do/and have done from your post is contact them with probably an indemnity form to them to state if the cardholder takes it to court and tries to sue the bank, the bank are going to take them with them.

It aint as straightforward for a section 75 reclaim that MR Lewis spouts on his website and other online sites.

Anyways I wish you all the best.