Company in administration - Do I still have the same rights

thenudeone

If the company is in administration your rights are exactly the same (and these rights are always exactly the same however you pay, except for some extra Distance Selling rights which don't apply to sales in person) but these "rights" may be worthless because there's probably no money left in the company to pay you.

The outcome will be:
- paid by cash / cheque- tough luck. put in a claim and wait to see if the administrator ever pays anything to unsecured creditors
- debit card - put in a claim with you bank for a chargeback. there used to be strict time limits (120 days?) not sure if there still is. this scheme is voluntary i.e. you have no legal right to demand a refund
- credit card (any amount) for a purchase over £100 - claim from CC under s75 CCA. You will have to fight, because most will repeatedly try to fob your off, in my experience.
- credit card under £100 - ask your CC for a chargeback or refund. some will do so voluntarily even if s75 doesn't apply.

mildred1978

We're in dispute with them over some clothing (sold as waterproof, not waterproof). Have given up on them and doing a section 75 claim now.

CoolHotCold

I should note, some companies go into administration voluntary and reopen next week in the same premisses but with a slightly different name.

They avoid a lot of legal obligations and why I buy from established companies or ones that have been in business more than a few years.

bod1467

A fair comment, but Hein Gericke have been around for a long time (since 1987?) so not applicable to this situation.

mildred1978

CoolHotCold wrote: »

I should note, some companies go into administration voluntary and reopen next week in the same premisses but with a slightly different name.

They avoid a lot of legal obligations and why I buy from established companies or ones that have been in business more than a few years.

The Cardiff store had been there for more than 10 years, and it's a huge European company. I'd view it as established!

CoolHotCold

bod1467 wrote: »

A fair comment, but Hein Gericke have been around for a long time (since 1987?) so not applicable to this situation.

Which is unfortunate then, always sad to see a established specialist shop go.

rossireps

not surprised they are going as they are expensive. hope you sort it though.
clintons were dreadful for me but i didnt give up.

shaun_from_Africa

tommk4,
Have you considered contacting the manufacturer of the helmet?

Even though your legal rights are with the retailer, manufacturers often provide warranties for their goods, and you may well find that they are willing to send you a replacement visor and this may end up being far quicker and easier than having to deal with the administrators of the shop.

tommk4

shaun_from_Africa wrote: »

tommk4,
Have you considered contacting the manufacturer of the helmet?

Even though your legal rights are with the retailer, manufacturers often provide warranties for their goods, and you may well find that they are willing to send you a replacement visor and this may end up being far quicker and easier than having to deal with the administrators of the shop.

That will be my next step then if I dont get anywhere with the shop tomorrow. Thanks for the advice.