Query on section 75

SLSKKJ

Hi All,

been bought a pram for new born - what a disaster this has been from start to finish.

agent was kiddisave (I wish I had googled before buying and realize this was a schoolboy error).

pram was sent in two parts, first part arrived in a few days second part to follow (no issue at this stage or so I thought). however two components where broken on arrival - credit where credit was due a quick phone call and email with photographic evidence and the replacement parts where dispatched in a matter of days from the manufacturer.

however the second part (the car seat/carry cot) had not arrived 2 weeks later (time frame advertised and agreed prior to purchase). on investigation it appeared this was out of stock at all other UK dealers so we phoned kiddisave to push this forward. a few more calls and emails later and they finally conceded to send us out the product but in an alternate fabric to the one requested. I accepted this but only on the understanding that the fabric choice we requested would be sent out seperatley once it was back in stock. this was only acceptable as the baby was due imminently and panic was starting to set in (we needed something to take the baby home in!!).

a further 3 weeks later (baby now here) and we still have not received the fabric - my emails are now getting ignored.

there have been other issues around their service which I will highlight but in a more appropriate forum, my question here is that due to accepting the alternate fabric (time for second schoolboy error here) verbally and not getting this commitment in writing am I still able to make a claim under section 75 (yes it was paid for on credit card and over £100) - I feel the only way I can get their attention is to hurt them where it counts and make sure that they fulfill the transaction as originally agreed.

thanks in advance.

dalesrider

Who bought it?

Leo2020

Whoever ordered it could put a claim in with the credit card company but I suspect kiddisave might say that you accepted an alternative colour so the matter has been dealt with. If the credit card issuer accepts this then the refund would be reversed.

I find it hard to believe they would agree to send you out two replacements. I am not saying they didn't but it would, in my opinion anyway, be an odd thing to do. I'm just thinking if I think it is odd so might the card issuer and they might side with kiddisave.

unholyangel

You could also try sending a letter to the company by recorded delivery. You could also request that if they are unable to source the original seat, you would accept a token refund to make up for the difference.

I dont think its worth taking to court because of the reasons stated above.....I'm not sure a judge would believe they agreed to send out 2 seats for you to keep both, the company could just deny it and as you have nothing in writing....it will likely be near impossible (if not completely so) to prove and technically under the SoGA, you cannot force a remedy that is impossible. They cant give you what they dont have.

If you are going to ask for a specific amount to be refunded....please bear in mind that it should be reflective of the difference. It should be a reasonable amount and not something like 20% the total purchase price.

Leo2020

What if the alternative fabric was the same price?

SLSKKJ

worth me confirming a few points - the total package was around 25% cheaper in the alternative fabric so the discount idea may be worth a shout.

kiddisave didn't offer to send out two car seats, simply one car seat in the incorrect colour and replace only the fabric once the correct fabric arrives with them. RSP difference of around £45 (I guess cost price difference of £20).

I guess I have the bit in my teeth due to other issues and frustrations I have had along the way. I have never seen such a shocking attitude to service (one member of staff even fobbed me off saying I had called a pizza delivery service - this was 15 mins prior to knocking off time!!!).

given the google results I have seen comparable stories frequently and just dont think its right that companies can be allowed to get away with this by making life difficult for the consumer - in my opinion its simply wrong!

being a nice guy simply isnt an option any more -

Agricolae

SLSKKJ wrote: »

worth me confirming a few points - the total package was around 25% cheaper in the alternative fabric so the discount idea may be worth a shout.

kiddisave didn't offer to send out two car seats, simply one car seat in the incorrect colour and replace only the fabric once the correct fabric arrives with them. RSP difference of around £45 (I guess cost price difference of £20).

I guess I have the bit in my teeth due to other issues and frustrations I have had along the way. I have never seen such a shocking attitude to service (one member of staff even fobbed me off saying I had called a pizza delivery service - this was 15 mins prior to knocking off time!!!).

given the google results I have seen comparable stories frequently and just dont think its right that companies can be allowed to get away with this by making life difficult for the consumer - in my opinion its simply wrong!

being a nice guy simply isnt an option any more -

We need a bit more information to see if you likely have a valid claim:

a) Who paid for the pram? Was it you on your credit card?
b) Who did the money go to on your credit card statement?
c) Is there any written contract or invoice from the company, and what does it say?

There are potentially two breaches of contract:

1) Failure to provide goods ordered within a specific timeframe agreed previously.
2) Failure to carry out part of the agreed remedy for breach 1 (i.e. replacing the fabric).

To be honest I think this one is a bit of a toss-up and could go either way, depending on how the credit card company interprets it and how much store they set by verbal agreements (which they can't prove). Which card provider is it?