Section 75 and Warranty Claims on TV

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Hi
I bought a television using Barclaycard for around £799 over 2 years ago and the full amount was paid on Barclaycard. A free 5 year warranty was given at the time with the TV.
Now 2 years on the television developed a fault and needed repairing. The Company who sold it (Empire) have gone bust and obviously will not honour the warranty agreement.
Does anyone know if Barclaycard are liable for repair costs to the TV under section 75 - Tried calling Barclaycard but not sure if the operator fully understood the question?


NB - I have had the television repaired already by an approved SHARP dealer costing £160 before I heard about Section 75 - I am not sure if this affects Barclaycards responsibility or not?
Any help would be very gratefully received.

Comments

  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
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    You could have held Barclaycard liable for the 5 year warranty T&C's, not sure how it will work as you've had it repaired independently however, as their liability would have been to repair the item, which has already been done without their approval.
  • dmg24
    dmg24 Posts: 33,925 Forumite
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    Do you mean Empire Direct? If so, they have not gone bust?
    Gone ... or have I?
  • lisyloo
    lisyloo Posts: 29,632 Forumite
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    Yes they are liable, however they might not agree with your costs.
    They could for example claim that they would have got it done cheaper.
    But in your posistion I'd put in the claim.
    They should understand that they are jointly liable. If they don't ask to speak to someone superior.
  • dazza.mk
    dazza.mk Posts: 1,927 Forumite
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    dazza.mk wrote: »
    You could have held Barclaycard liable for the 5 year warranty T&C's, not sure how it will work as you've had it repaired independently however, as their liability would have been to repair the item, which has already been done without their approval.

    Also depending on the terms of the warranty you may not be able to use it in the future assuming further issues if it included terms such as using preferred suppliers etc. (obviously this wouldn't impact the Section 75 joint liability under the Sale of Goods Act)
  • chattychappy
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    Sometimes these extended warranties are provided by third party providers (eg insurance companies). So the company liable may not have gone bust. BUT, since there wasn't an additional charge it sounds as if this doesn't apply.

    Also, extended warranties are sometimes provided by the manufacturer. In this case it is the manufacturer who is liable, not the shop. YES, the shop sold it to you, and yes they would be liable under consumer protection legislation. But manufacturers are always free to "top up" what consumer legislation offers. So really here it comes down to what was agreed at the time of purchase.

    Almost certainly the CC would still have liability regardless of whether the shop gave you the warranty directly or were acting as agent for someone else.

    But I'm afraid your arranging repair of the TV may well leave you with little more than hoping for goodwill. There hasn't been a breach of contract - effectively you denied the CC the chance to perform their obligation.

    You may well have been entitled to arrange repair and recharge if the CC (or manufacturer) had had a chance to deliver under the warranty and had refused.
  • Churchill_pup
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    Thanks to you all for your comments - have just tried speaking to Barclaycard again, got further this time.
    Now need to send a letter to Barclaycard with details - did not mention the repair had been done, but asked if in the meantime we could go ahead and get it repaired and they said yes. Hopefully they will refund the repair costs (which were also paid by Barclaycard)
    Will update as soon as any developments.
    Thanks again
  • McKneff
    McKneff Posts: 38,831 Forumite
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    They will possibly ask for receipts and the dates are going to be a bit odd.

    They also might say they will pay the repairer directly.

    I will never understand why people lie or omit things from insurance companiesto further their claim, in many cases they come unstuck,
    they get found out, policy doesnt pay out, policy cancelled because of fraud, very very difficult to find any other company who will cover you for anything, car, house,life etcetc.
    Good luck, I think you are going to need it.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
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    if the tv was under warranty, why didnt you just contact the manufacture
This discussion has been closed.
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