Section 75 Question

hammodt

Quick question about section 75 protection:

I purchased a computer from a company and they have now breached the contract. Therefore, I am claiming compensation for lost time as a result of the breach of contract. I have sent the computer back, and the company is refunding me, but refusing to pay my expenses as a result of their breach of contract. The company says that I cannot claim off the credit card company for my £100 expenses (2 days lost work, interest and phone calls) because they are refunding the whole amount paid by credit card.

Is it true that the credit card company is no longer liable? I assumed that Joint and Several liability would cover it even if the company tries to get out of paying by refunding the credit card transaction?

Note, I have not spoken to the credit card company yet - I will do later on tonight.

Thanks for your help in advance!

David

Astaroth

To the best of my knowledge the section 75 liability is purely for the item itself and not any additional losses caused

oldfella

agreed - you will need to sue the supplier in the small claims court

Mike

pksaraf

what happens if the extra loss was due to to the company's ill advise? say u sent your comp for repairs as it is not booting up, they tell you that there are 2 problems with it, one they can fix and the other is that it needs a hard disk replacement. you buy a hard disk, hand it over to them to install.

at this stage, you have paid their charges, as well as for the purchase of hard disk. you come back home and find that the computer still does not boot up. now under section 75, apart from claiming what the company charged you, can one also charge for the hard disk expenses, as it is useless?

hammodt

Surely "joint" liability means they share the same liability as the company?

David

oldfella

the liability of the CC company is limited to what you have paid using the credit card - and then only if the supplier has failed to deliver

Mike

Newone_2

i work in credit card/storecard finance and can confirm that you would only have a claim against th ecredit card company in relation to the actual goods cost paid on thre card credit. any deposit etc paid by another means is not covered under section 75.

you can omly claim compensation from the credit card company if they have caused you any expenses or given any duff advice, if all wrongdoing is by the retailer/manufacturer your claim needs to be solely with them.

Meatballs

What is this contract you speak of? You enter a contract when you purchase something, but I assume you mean something above and beyond this?