Section 75

CazUD

We had a wood burner stove fitted and paid cash to the installer but used a cc for parts he ordered, collected and installed. The installation has been condemned and although Trading Standards are involved, the installer won't refund monies. We've enough evidence to support a legal case and TS agree installer did not work to an acceptable standard and therefore goods are not fit for purpose; but am I covered under Section 75 for parts purchased, or even all of the costs involved?

JournalGirl

Yes. Contact your CC to initiate a claim under S75 - we had a very similar situation and were refunded in full

meer53

As you paid for the installation in cash then you will really struggle to get your cc issuer to take this on under section 75. Any parts which were defective will be covered. Do you have any invoices from the installer ?

thenudeone

The purchase of parts which you paid for directly is, IMO, clearly a separate transaction from the installation.

The contract for the installation wasn't paid for by cc.

If the parts were defective you could have a s75 claim against the parts supplier but as it stands I foresee any cc fighting any s75 claim tooth and nail.

Remember s75 doesn't give you any extra rights at all. It simply gives you an extra person / company from which you can claim your existing statutory / contractual rights. If the circumstances are such that a s75 claim would succeed, then so would a claim directly against the supplier / trader involved.

You'll just have to take legal action against the installer directly.

CazUD

Hi all and thanks....I'd be interest to know about similar situation Journalgirl.

Yes meer53 we have an invoice for the installation.


I see your point thenudeone but I seem to have read that there was a change in 2006 that linked associated purchases? Wasn't to sure what it meant but as I have suppliers written confirmation that installer arranged everything, we just rang to pay, I'm hoping they're suffiently linked as being part of the same job.

chanz4

you paid a 3rd party for the parts, not the installer that's a second contract

pvt

I buy a £20,000 chandelier on my CC, pay a bloke £25 cash to fit it, then it falls and smashes to pieces because he didn't hang it properly.

Are you seriously suggesting I would have a valid claim for £25,025 against the company that sold me the chandelier?

eddddy

CazUD wrote: »

... but am I covered under Section 75 for parts purchased, or even all of the costs involved?

If the parts were faulty and the parts supplier is refusing a refund for the faulty parts - then you can use s75 to claim a refund for the parts from the cc company.

If the parts were fine, but the installer installed them badly, then you have no claim against the parts supplier or cc company.