Company bankrupt - how do I register as a creditor?

KeithP

Reaper wrote: »

As to whether I paid by credit card - yes I did but remember the purchase is not in dispute, this is a repair under guarantee which I did not pay for so I doubt I can claim from my credit card company - but very happy to hear if I'm wrong!

As you paid by credit card, the credit card company are jointly responsible for fullfilling the contract.

I am pretty sure that includes the seller's responsibility under the sale of goods act... but someone will confirm this.

Then if the seller has 'gone away', it is up to the cc company to pick up the baton and take over the seller's responsibilities.

So the product is faulty, the seller cannot provide a remedy, seems to me that you need to start a dialog with the cc company.

unholyangel

KeithP wrote: »

As you paid by credit card, the credit card company are jointly responsible for fullfilling the contract.

I am pretty sure that includes the seller's responsibility under the sale of goods act... but someone will confirm this.

Then if the seller has 'gone away', it is up to the cc company to pick up the baton and take over the seller's responsibilities.

So the product is faulty, the seller cannot provide a remedy, seems to me that you need to start a dialog with the cc company.

Yeah it was my understanding too that if you pay by credit card, you have the exact same rights with the cc company as you do with the retailer under section 75 of the consumer credit act (for goods over £100 - which with a quick look at the site provided by the OP, the goods do exceed).

See the below link for more details OP:
http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Particularly:
Plus even if the problem is just non-delivery or faulty goods, you have exactly the same rights from the credit card company as from the retailer or flight company or supplier.

Reaper

That's great news. While I think my chances of getting any money from the liquidators is vanishingly small the credit card company is a much better bet. I'll give them a try. Thanks everybody.

KeithP

OP, please do remember to let us know how you get on. :beer:

shortchanged_2

Yes go down the road of section 75 of the consumer credit act, equal liabilty of the credit card company.

Only don't bother taking your case to the Financial Ombudsman Service as they don't know the meaning of the word.

You'll probably have fat chance of claiming anything as a creditor as you would be way down the list.

magpiecottage

shortchanged wrote: »

Yes go down the road of section 75 of the consumer credit act, equal liabilty of the credit card company.

Only don't bother taking your case to the Financial Ombudsman Service as they don't know the meaning of the word.

You'll probably have fat chance of claiming anything as a creditor as you would be way down the list.

That is not what this suggests.

Your argument is that the supplier provided the contract with a contractual guarantee. The product failed within the guarantee period but although returned to the supplier for repair, it has then failed to return it. As the guarantee was part of the contract, you want the item back repaired, a replacement or your money back.

If you have the documentary evidence, FOS will normally accept this but the CC provider must first be given the opportunity to sort it out.

Reaper

The form Egg sent me to fill in said they would only accept claims within 60 days of the purchase date which I feared would mean front line staff would reject it without even passing it on to the S75 team. So I wrote a short but carefully crafted covering letter stating my case. After a while I got a letter saying Legal were looking in to it (phew) and finally today a letter and form to sign saying they had accepted my claim and I will get a full refund.

So a HUGE thank you to everybody for your help. If I had gone down my original route with the liquidators I doubt I would have got much if any money back.

For future reference it is very handy to know that Egg at least accept the guarantee does indeed form part of the original contract and they are willing to accept joint liability. I think very few people are aware of that and most would have been put off by the 60 day clause.

Thanks again!!