Section 75 - buying new windows question!

dalesrider

chattychappy wrote: »

I'm curious as to the basis of this - the Act refers to transaction value. I assume it's because items purchased together are presumed to be each subject to it's own contract (and therefore is an individual transaction) even if paid for together.

Card providers work on item price, as in many cases, it is a case of claiming on a single item. So you can't buy multiple items to get a claim back right on part of the purchase.

eg. dvd player £49 and TV £51. Dvd stops working. You would have no right to S75. As a single item. But if the retailer was selling as a package with a price of £100. ie not listed as a seperate price, only a total.

Clearly in the op's case it is diffrent. As you are looking at a complete package.

yangptangkipperbang

This is also worth being aware of - just in case !

"The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit."

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/31/creditcards-31.htm

This does work ! I got a load more more back from the CC company when the airline I was booked on went bust and I had to pay a lot more for replacement tickets. They did squeal but they paid up in the end :D:D

chattychappy

dalesrider wrote: »

Card providers work on item price, as in many cases, it is a case of claiming on a single item.

Thanks, actually I was after the legal basis but have found it. S75(1) refers to a "transaction financed by the agreement", but the £100 limit is given in s75(3)(b) which refers to "to any single item to which the supplier has attached a cash price" (my emphasis).

chattychappy

yangptangkipperbang wrote: »

This is also worth being aware of - just in case !

"The claim is not limited to the amount of the credit card transaction. Customers can claim for all losses caused by the breach of contract or misrepresentation. And this applies even if all they paid by credit card was the deposit."

Yes. It is well worth keeping receipts/a record of all reasonable expenses that you incur as a result of the problem and adding these to the claim.

(IMHO s75 has become a joke. I'm sure in 1974 it was never envisaged to operate this way. But that's the way it is!)

spannerzone

Interesting things being raised, thanks for the replies.

Hopefully won't ever need to rely on it but better safe than sorry.