Section 75 Claim

mg2202

Hi.
I've read on here about section 75 of the consumer credit act. In august 2012 i bought a Samsung TV from comet. Paid for in full on the credit card. The TV has a re occurring fault, and has been repaired by Samsung under warranty a number of times.

Again the same problem has returned and im sick of having to get it repaired. Would i be eligible to make a claim for a refund under section 75 with my credit card company? (Seen as Comet went into administration). The TV was £1800 and quite a substantial amount of money for something that doesn't live up to the quality it promises.

Any help would be much appreciated.
Cheers in advance for any reply

chattychappy

Tricky. I believe you could demand a refund, less an allowance for the use you have had out of the set. Has it always been failing? In particular did it fail during the first 6 months? Easier to establish that the goods were non-conforming when sold. Running against this is the fact that over recent months you've allowed Samsung to continue to try and fix the problem rather than rejecting the TV.

The relevant law is in the Sale of Goods Act 1979, in particular S48A-S48C which were added by the Sale and Supply of Goods to Consumers Regulations 2002.

Plenty of scope for a ballyhoo - S75 is onerous for CCs. I agree TVs shouldn't go wrong so quickly. The legislation takes into account the nature of the goods etc.

dalesrider

Talk to your card provider. Explain the situation.