Section 75 help please.

meerustar

I purchased laminate flooring in October 2009 from Floors 2 go, with a 10 year guarantee. I rang them earlier as the flooring is damaged and found out that they went into administration last year and been taken over by someone else.

Anyway, lady on the phone said there is nothing she can do.

I paid £275 for the flooring on my credit card back in 2009. Can I claim for damaged flooring using section 75 rights, or have I lost out completely? Thanks

McKneff

How was it damaged. Have you damaged it yourself or do you mean its warped or something.

meerustar

It's chipped at the edges from just walking on it, from living room to kitchen, the parts that aren't walked on are fine.

McKneff

Difficult one, I think you wouild be best ringing your card company.

They may want an independant report though.

meerustar

Thanks, I'll give them a ring now. I was going to ring earlier but thought it might have just been on new purchases I was covered for, so went for advice on here first .. fingers crossed

meerustar

Just rang and the guy said he is unsure if it is covered, so will send the enquiry to the Head of Dispute team, which they will get in the morning and someone will contact me.

I'll keep this thread updated when I find out in case anyone else is going through something similar.

Thanks.

chattychappy

"Head of Dispute"?? Interesting... you are not really disputing anything (yet)!

In general, if a company offers you a guarantee as part of the purchase, then the CC is jointly and severally liable to deliver that guarantee.

(Usual s75 exceptions apply. Also more tricky if the guarantee is offered by a third party.)

dalesrider

chattychappy wrote: »

"Head of Dispute"?? Interesting... you are not really disputing anything (yet)!

In general, if a company offers you a guarantee as part of the purchase, then the CC is jointly and severally liable to deliver that guarantee.

(Usual s75 exceptions apply. Also more tricky if the guarantee is offered by a third party.)

CCA claims are handled in a diffrent way from a standard dispute. Given the Op's case. These are often refered to tech reps who have far more experience and time to check through the visa regs to see if anything can be done. Before a CCA claim is looked at.

meerustar

Bank rang me back today and said I cannot claim from CC under section 75 as I should have made the complaint within 180 days, however, they did wish me luck in getting the money back somehow.

Looks like I'll have to fork out for a new floors 3 years after laying this one

Voyager2002

meerustar wrote: »

Bank rang me back today and said I cannot claim from CC under section 75 as I should have made the complaint within 180 days, however, they did wish me luck in getting the money back somehow.

Looks like I'll have to fork out for a new floors 3 years after laying this one

I am confident that they are stalling: check this out carefully.

chattychappy

meerustar wrote: »

Bank rang me back today and said I cannot claim from CC under section 75 as I should have made the complaint within 180 days, however, they did wish me luck in getting the money back somehow.

Nonsense. There is no such restriction in s75. It comes down to the terms + conditions that were offered at the time of sale. Suggest you complain in writing (follow their complaints procedure). Once you have a proper written reply, then you can consider your next step. (Ombudsman or small claims procedure.)

s75 isn't a magic wand- it doesn't create a new guarantee/set of rights. It just means the CC is jointly liable for whatever the merchant promised. Ie if had the merchant not gone bust they would have covered you, then the CC must also cover you.