Samsung plasma TV black screen

Toxteth_OGrady

http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

If the retailer/supplier has gone bust

Here it is quite clear-cut, you can't go to anyone else so the only option is to claim from the credit card company. Call it up and politely explain what you're doing. Make sure you invoke the rules though. Actually say: "I am making a claim under Section 75 of the Consumer Credit Act". It should then send you a claim form in the post.

Sometimes the card company will tell you it will try to reclaim the cash from the company in administration. You can simply answer: "Great news, I wish you the best of luck. However you are completely liable for my goods yourself, and I would like the full amount I'm entitled to please, regardless of that claim."

You can make a claim as soon as you know about the administration, even if the product has not been delivered or service has not taken place, under something called 'anticipatory breach' (you know you're going to be out of pocket). If the card provider questions this, tell it you're going to take your complaint to the Financial Ombudsman.

dymagm

Sorry for all my questions, I've never done anything like this before!

I'm not quite sure what to ask the credit card company. What can I expect Santander to do for me? Will they pay for it to be fixed or give a refund or replacement?

Thanks again for all your help, you're all fantastic

dymagm

Just another little question, is it better to call and then send a letter if needs be or just send a letter straight off?

atrixblue.-MFR-.

first of all call them they will send a claim pack out there you can send you letter cover about why (like descussed on the phone) your making the claim when you send the claim pack back.

2 things can happen, they reject the claim saying that the product is out of manufacturers warranty, and point you to your home contents insurance.

or

they will uphold the claim and give you two option get a quote for repair youll have to send them or give you a refund to purchase new one.

dymagm

I've just come off the phone with Santander and they say that the 12-month warranty that came with the TV overrides the part of the sales of goods act that says that a TV should last a reasonable amount of time. Surely, this can't be right? She said that since the the TV was ok at the time of delivery and the fault occurred after 18 months, there's nothing they can do. Is this right? Doesn't seem like that from what I've read about the sales of goods act. Are they just trying to fob me off?

Toxteth_OGrady

They're trying to fob you off.

You would have claimed, under SOGA, for breach of contract against Comet in supplying you with unsatisfactory goods (inadequate durability). You have 6 years from date of purchase to make this claim.

You can no longer do this because of Comet's demise but Santander has equal liability for the breach of contract under Section 75.

More info here:

http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html

I suggest you write to Santander, broadly following the procedure outlined under "How do I make a claim?" here:

http://www.money.co.uk/article/1003471-how-section-75-of-the-consumer-credit-act-protects-your-credit-card-purchases.htm

If you google for Download Section 75 Claim you will find plenty of letter templates that you can modify.

Do everything in writing. If Sanatander initially reject your claim, write back with a formal complaint, carefully following their complaints procedure (will be available on their website). If/when you reach deadlock you can then pass your complaint to the FOS.

At all stages of your complaint be clear in the remedy you want - repair or replacement or refund. Given the age of the TV I would suggest that repair or partial refund (50%) are reasonable.

Given that the TV is more than 6 months old you may have to get an independent engineering report of the fault in support of your claim.

dymagm

I phoned them back and now they say that I MUST speak to Comet and they MUST refuse to do anything before I can ask Santander for money but I simply can't get through to Comet. They won't do anything unless I get this information. I know that this is wrong but they won't accept what I say and stick to their guns.

Santander keep on giving me phone numbers sending me all over the place and just won't tell me what I have to do next.

I'm not sure if it's worth the bother after seeing the price of the piece that should need replacing and how simple it seems to be to replace it. Letters will take forever. It's just the principle of it!

Toxteth_OGrady

FORGET THE PHONE, THEY'RE FOBBING YOU OFF.

Do it all in writing!

Carefully re-read the whole MSE article I linked to in #12 above.

There's no obligation to go to a retailer first before making a Section 75 claim against the CC company.

From Martin's article:

If the retailer/supplier has gone bust

Here it is quite clear-cut, you can't go to anyone else so the only option is to claim from the credit card company. Call it up and politely explain what you're doing. Make sure you invoke the rules though. Actually say: "I am making a claim under Section 75 of the Consumer Credit Act". It should then send you a claim form in the post.

Sometimes the card company will tell you it will try to reclaim the cash from the company in administration. You can simply answer: "Great news, I wish you the best of luck. However you are completely liable for my goods yourself, and I would like the full amount I'm entitled to please, regardless of that claim."

You can make a claim as soon as you know about the administration, even if the product has not been delivered or service has not taken place, under something called 'anticipatory breach' (you know you're going to be out of pocket). If the card provider questions this, tell it you're going to take your complaint to the Financial Ombudsman.

Complaints about a product and the retailer/supplier isn't bust

Here you may be met by a "that's not our business, go to the retailer". Actually you don't have to, it is their business and you've a legal right to redress. The law makes clear that the credit card company is jointly responsible, so there's no 'first point of call'.

However, frankly, unless you need to (eg, the supplier/retailer is overseas) it's much easier to deal with the retailer.

If you are claiming from the card company, be firm but polite, and request a claim form. Again, on the claim form, state it is a claim under "Section 75 of the Consumer Credit Act".

You could find the call-centre person hasn't a clue what you're talking about, so be polite but firm in the fact that you have a legal right to make a claim. If your card provider tells you to put your request in writing here's a template letter to help:

There's a useful MSE letter template here

There's also a very long MSE thread on Section 75 claims that may help you here:

https://forums.moneysavingexpert.com/discussion/1204195

dymagm

Ok, thank you so much for all your help!

I understand that they don't want to give money out easily but they were incredible on the phone with their false info and they were quite rude.

I'll send a letter of complaint to head office too.

atrixblue.-MFR-.

your getting through to a bod with a cheat sheet its a call center after all, they only the way here now is to do as described about to make their ears pick up (oh no a paper trail that can be used against us in a court, they think and so tend to be much more polite in a letter and bow to your request to look into it.