Credit Card Protection Section 75

Monsiur_Anglais

Please can someone help. I purchased a range cooker using my credit card over two years ago but have not been able to connect the cooker as I am in the process of restoring a barn. When connected to the electricity supply last week it trips the circuit breaker. The Electrician confirmed that the circuit is good and that it is one of the ovens that is tripping the circuit breaker. Basically the range cooker has never been used and still has the manufacturers stickers on it.

From reading the information on this web site I can take the shop to task using "The Sale And Supply of Goods To Consumers Regulations" and "Limitations Act" (6 years)

My credit card company said that I have only 120 days but from looking on this forum I do have a right using section 75. Can someone please confirm that I can go back to the credit card company and I need someone to point me in the right place that will confirm that I do have a right after 2 years using my credit card.

jonesMUFCforever

Have you asked the shop you purchased from?

lisyloo

You need to start trying to resolve your issue with the retailer.
They may have some simple advice or be able to make a simple repair that solves the issue.
The credit card route is for when the retailer isn't helpful, has gone bust or ignores you.
The people who know about cookers are the people who sold it to you.

InsideInsurance

120 days is the limitation on chargebacks not S75

Have you actually spoken to the merchant you bought it from?

As its over 6 months old now its your obligation under SOGA to prove it is inherently faulty and not caused by reasonable wear/ miss use. Your bank is much more likely to enforce this requirement than the company you bought it from who are probably more used to dealing with cookers if thats what they sell.

Have you had a quote done to get it working? SOGA allows the merchant (and thus under S75 also the bank) the option of repair/ replace/ refund and having a quote ready on the repair option will make things easier.

In theory there is a slim chance you could reject the goods given you'd not had the chance to properly inspect them given the circumstances but you'll struggle on that front.

InsideInsurance

lisyloo wrote: »

You need to start trying to resolve your issue with the retailer.
They may have some simple advice or be able to make a simple repair that solves the issue.
The credit card route is for when the retailer isn't helpful, has gone bust or ignores you.
The people who know about cookers are the people who sold it to you.

I agree its sensible to but there is no legal requirement to do so, you can go straight to the bank even if the merchant is really friendly, helpful and still trading.

thenudeone

Legally, you can make a claim directly against your card issuer for up to 6 years, but in practice the best place to start is probably the retailer, because it could resolved quickly and to your satisfaction.

And it will strengthen your case (if you have to go to court) if you have taken reasonable steps to sort it out first.

MPH80

Equally - given the OP's situation - he will have had to have taken care of the range. He won't have a huge amount of luck if it's been in a barn without heating for 2 years (for example)