Credit Card - Reclaim Payment

izzy1980

I understand there is new legislation with regards reclaiming money for faulty goods.

I purchased some wood flooring last August, it was fitted in October by there fitters, and in January I noticed some faults with the flooring. Since January I have been in contact with the suppliers who seem to be either giving me a merry dance or dragging their feet somewhat as I still have no resolution.

Am I entitled to any claim through the Credit Card under this new legislation, as I've given them 7 months to resolve the issue and thought if I could claim back the amount paid (the fitter was paid direct), then that might encourage them to resolve the issue promptly.

Tixy

Its not new legislation - its section 75 of the consumer credit act 1974 - details are here - http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
I'm not sure you would be able to claim in this situation but that link might help or this one http://www.which.co.uk/consumer-rights/sale-of-goods/your-rights-when-paying-by-credit-card/

izzy1980

Tixy wrote: »

Its not new legislation - its section 75 of the consumer credit act 1974 - details are here - #Removed Link#
I'm not sure you would be able to claim in this situation but that link might help or this one #Removed Link#

Thanks for your prompt Reply Trixy.

Please can I ask as to why you think I couldn't claim in my situation, whilst it has almost been a year, 7 months of that has been waiting for the suppliers to resolve the issue and as such simply shows our patience. Also I thought that the legislation is also based on reasonable life/use of which the woodflooring has a guarantee of 25 years (of which actually lasted 2 months).

bengal-stripe

The issue gets further complicated, due to the fact that you having dealt with two different suppliers: the flooring merchant and the fitter. Although the merchant might have put you in touch with the fitter, you paid the fitter directly, so you have a separate contract with him.

Can you clearly establish where the problem comes from: is it with the flooring as such or with faulty fitting or an inappropriate method?

If push comes to shove, you might have to appoint your own expert.

izzy1980

bengal-stripe wrote: »

The issue gets further complicated, due to the fact that you having dealt with two different suppliers: the flooring merchant and the fitter. Although the merchant might have put you in touch with the fitter, you paid the fitter directly, so you have a separate contract with him.

Can you clearly establish where the problem comes from: is it with the flooring as such or with faulty fitting or an inappropriate method?

If push comes to shove, you might have to appoint your own expert.

Personally (in the main) I believe it to be a faulty product or product not fit for purpose based on:
1) we went with their best 5mm underlay (as recommended by them) as we were told that this would allow for up to 3mm differances in the floor (for example, bumps, etc).
2) we had a large area of flooring put down and we have 4 or 5 spots where it has dropped in differant areas
3) when the supplier surveyor came around to inspect it, he'd commented on how well it had been fitted (although obviously not in writing), although it was stated that in one area the fitter could have done something that would have stopped it dropping
4) also, another fitter (who came out to quote) said that actually the 5mm underlay can often cause these problems and is not always the best underlay to use.

So I suppose it's a mixture of: product (flooring & underlay), mis-selling (i.e. bad recommendation of the underlay) and a little fitting.

Obviously I wouldn't get the cost of the fitting back as this was paid seperate.