MBNA Reject Section 75 claim - unjust reason!

twizzyone

Hi All, looking for some advice please. I had a section 75 claim with MBNA for bedroom furniture value approx £2500, each item in the suite is faulty and parts have been repaired and replaced only to develop same faults. Made the section 75 claim as the merchant was unwilling to collect furniture and give me a refund. MBNA have just rang to tell me that they have finally received a response from the merchant - after over 4 weeks and he did not agree with what I say regards the faults with the furniture - although he has agreed to replace the furniture again (why replace if he does not feel they are faulty?) As a result MBNA have rejected my claim?!? I did make them aware I was claiming under section 75 as the merchant would not refund the money for the goods at the beginning of my claim. Surely if he agreed with me there would be not need to make a claim in the first place. MBNA have just said "oh well that is our decision and as we know nothing about furniture we go with the merchant, you can go to court where you will be calling not only he merchant but MBNA also."Can anyone help me with this please? Hope this is enough info if you need more just ask! Thank you in advance to the experts out there!!!!!!

bris

The claim has failed because the merchant has agreed to replace the goods. Under consumer law the merchant can repair, replace or refund the goods, (for accepted goods) their choice not yours. As they have chose to replace the goods then your consumer rights have not been breached and there is no basis for a s75 claim.

However

You may have a case in court if you made a claim against the retailer at the time of delivery, i.e if you inspected the goods and found them faulty right away, then it is said that you have not accepted the goods and are entitled to a refund. If the faults were discovered after a period of time, the law doesn't state the timeframe, but lets say a couple of weeks then you discovered the faults, the goods are said to be accepted and the retailer gets to decide the outcome.