Quickish question re: section 75 and Halifax.

aeuerby

McKneff wrote: »

Another possibility of course is to claim on your house insurance if you have accidental damage if all else fails.

We could and it was suggested we do that by the company but there are 2 things.

1. We don't have accidental cover on insurance, personal choice no other reason.

2. The retailer also suggested we claimed, which gets them out of their legal duty.

The sale of goods act is there for a reason.

It seems to stop a company trading illegally a consumer has to jump through hoops rightly or wrongly. There are rougue customers out there but there are also rouge retailers.
I don't want any more people to go through what we are going through so if we have to go to the small claims court we will. With this company it won't be a first for them for what I can gather.

dazza.mk

aeuerby wrote: »

I did buy in April this is correct, the shattering base happend 16 weeks later.
The company were informed the following day (a wednesday) and the credit card company were informed the following Friday. All well within the 6 months given in the sale of goods act.

I suppose what I really am asking is under a section 75 claim, does the credit card company have to abide to the sale of goods act too?
As usual it's all very confusing for Joe Public.

As long as a purchase meets the requirements of Section 75(principally item worth over £100) then you can hold the credit card company fully liable for your rights under other legislation (of which Sale of Goods is probably the most common).

aeuerby wrote: »

As an aside, does anyone know how or who to report a company to that are clearly trading against the law

Trading Standards are the appropriate body, and cases are generally referred to them by consumer direct.

aeuerby

dazza.mk wrote: »

As long as a purchase meets the requirements of Section 75(principally item worth over £100) then you can hold the credit card company fully liable for your rights under other legislation (of which Sale of Goods is probably the most common).



Trading Standards are the appropriate body, and cases are generally referred to them by consumer direct.

Thank you very much. When I contacted consumer direct immediately after it became clear the company weren't going to cooperate they did say they passed it on to trading standards and I know I am a small fish etc. but it is frustrating that they can continue to trade when I know there are more than just us that have complained to the appropriate authorities and nothing seems to happen.
The wheels of justice turn very slowly!

thenudeone

meer53 wrote: »

For a Section 75 claim it is up to you to prove that a fault was present on delivery or that a manufacturing fault caused the break.

No.

The correct position is shown in post 13; i.e. section 75 allows you to claim from the credit card company for nearly everything which you could have claimed from the original supplier.

The MSE guide here: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases mentions misrepresentation or breach of contract.

But of course, your statutory rights under SOGA, DSR, etc are an implied term of every consumer contract (in fact they CANNOT be excluded from any consumer contract), so failure to comply with the requirements of those Acts is a breach of contract, and s75 can be used against the card company.

meer53

thenudeone wrote: »

No.

The correct position is shown in post 13; i.e. section 75 allows you to claim from the credit card company for nearly everything which you could have claimed from the original supplier.

The MSE guide here: http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases mentions misrepresentation or breach of contract.

But of course, your statutory rights under SOGA, DSR, etc are an implied term of every consumer contract (in fact they CANNOT be excluded from any consumer contract), so failure to comply with the requirements of those Acts is a breach of contract, and s75 can be used against the card company.

Yes, if the OP can confirm that there has been a breach of contract under SOGA etc, then they can initiate a Section 75 claim, but the breach has to be evidenced first.
If the OP cannot confirm the breach then their CC issuer will probably not be willing to assist. Don't quite know where the OP will be able to go with this one due to the fact that the glass cannot be examined. Their best bet would be to ask their CC issuer to look at paying for the glass to be replaced.

dazza.mk

meer53 wrote: »

their CC issuer will probably not be willing to assist.

Their credit card company may well be 'unwilling to assist', as if its treated as a Section 75 claim (rather than a chargeback), the claim is against them (rather than the company)

As mentioned above the OP had an issue within the first six months, if he can 'prove' he reported the issue within the first six months (and he's been fobbed off since then) it is upto the company (or cc company if Section 75 claim) to prove it wasn't a manufacturing fault and due to misuse.

http://downloads.bbc.co.uk/theoneshow/txt/soga_letter_1.doc

Obviously if you've disposed of the glass you'd probably have an issue as you wouldn't be giving them a chance to prove the issue was due to misuse.