Section 75 claim

jamie07971

Hi

I purchased a LG Steam washing machine which has ruined loads of my clothes by leaving orange stains on them. LG claim this is not a fault on their behalf however when I Google this many people have had similar issues. I am trying to make a section 75 claim through my credit card however they are asking me to have an independent inspection report made for them. Does anyone know how I can have this done? The cost? If the claim is likely to be upheld after submitting an inspection report?

Many thanks

chattychappy

Standard CC fob off. S75 is onerous on them (and cardholders tell porkies) so they demand such reports as proof rather than just paying out. People here do seem to get payouts having obtained such reports if they support the claim (and other S75 conditions are met). I think the FOS said that the CC should reimburse the reasonable costs of obtaining a report if it was originally demanded by the CC.

Nothing in law to say you need such a report. You are always free to sue the CC. If it went to court, the judge would be free to decide what evidence was appropriate in the circumstances. Indeed he might accept a few photos/washing presented in court + witness statement from you, or even from any "trusted" independent person. If the CC wanted a particular report, they could demand it as part of the proceedings and the judge would decide whether it's proportionate/appropriate. Seems to me you don't really need an "expert" in this case. Just somebody to say "yes - he put the washing in, it came out stained". I knew a Notary Public that spent many a day witnessing things of this sort (albeit on an industrial scale). Perhaps ask the local trusty washing machine repair man to take a look and provide a report? If the CC then doesn't accept this, then it would be easier to sue (or go to the FOS).

Though probably not admissible, the googled reports might be handy. In small claims, judges tend not to focus on legal technicalities in order to keep things in proportion and make the system accessible to the public.

Don't forget, under S75 you are entitled not just to a refund, but damages. That means the value of the damaged clothes (within reason).

grumbler

chattychappy wrote: »

Standard CC fob off. S75 is onerous on them (and cardholders tell porkies) so they demand such reports as proof rather than just paying out. ...

They have to be crazy to just pay without a report. Stains can be caused by anything - washing powder, dirty water, rubbish in pockets etc.

It's a typical court case (if the manufacturer refuses to refund/compensate) and you suggest a CC company to act like a court, but without any proofs.