6 year rule and retailer / credit cards...please help

mo786uk

You have section 75 rights against the card provider if it was a credit card and cost over £100.

The problem is, if you get someone who knows what they are talkign baout you will not get offered better than what Currys have offered.

pcombo

mo786uk wrote: »

You have section 75 rights against the card provider if it was a credit card and cost over £100.

The problem is, if you get someone who knows what they are talkign baout you will not get offered better than what Currys have offered.

What your gonna call the bank and dispute a 2 and half year transaction. Get real.

mo786uk

You could in theory - its totally real

However, if you couldnt tel lform my last sentence, they will almost certainly offer far less than what Currys have because they will probably udnerstand the law.

philholly1

Many thanks to all again and I will take the offer but my understandning is definitely better now so really appreciated.

I am not trying to be greedy just my entitlement. I know a few people say that we'd be lucky for it to still be working butthe previous telly, which we put in the loft and is now being used again for the time being, is still working and that is about 25yrs old.

A sign of age maybe but they don#'t make them like they used to.

thanks again.

Googlies_2

CoolHotCold wrote: »

Now depending where you live it'll either be 5 years SoGA or 6 years.

Nothing to do with the sale of goods act, its the statute of limitations.

Equaliser123

pcombo wrote: »

What your gonna call the bank and dispute a 2 and half year transaction. Get real.

Section 75 CCA is totally different from disputing a transaction.

meer53

For Section 75 there has to have been a breach of contract. No breach of contract as far as i can see.

InsideInsurance

They are saying there is a breach of contract because the goods were not of merchandisable quality due to the fact they have not had a "reasonable" life span. This is what is covered by the SOGA and is where the 6 year cap originates from, the limitation on the breach of contract issue.

Once you are beyond 6 months it is up to the customer to prove their allegation and there is no automatic right to demand the method of resolution to the complaint. If it is decided that a cash settlement is the best mechanism then a deduction for use received can be made.

A claim against section 75 of the credit card can be made but the credit card company are simply jointly liable as the retailer is. So the settlement from the card company would also not be a full refund but a partial refund net of the use received.

Of cause there is always the question of if the retailer or the credit card company would value the refund higher as these things are always subjective and there are no hard rules on how you approach valuations.

Equaliser123

meer53 wrote: »

For Section 75 there has to have been a breach of contract. No breach of contract as far as i can see.

Arguably a breach of s.14(2) SoGA...

moonrakerz

The "6 year rule" eh ! Don't forget the "secret EU Law" as well...........................

Suggest someone actually bothers to read The Sale of Goods Act and actually see what the 6 years actually refers to !