Section 75 claim- running machine broken

clkaz

Im going to try and keep this simple.

1) 4 year old treadmill stops working properly 4 years down the line
2) we called manufacture affiliated engineers to repair
3 ) we were happy to pay for repairs as parts obviously get worn
4) treadmill parts not under warranty- only motor is under warranty currently as parts warranty expired
5) we had the computer board replaced twice
6) motor has been changed twice as the machine still wouldnt work- apparently manufacturer motor supplied motor isnt working (they have sent two) but other branded ones are working.
7 ) most parts have been changed. It has been 3 months- nothing has progressed at all
8) retailer said their responsibility ended when they delivered the running machine in working order

I am going to claim under section 75. Any tips or advice? Full price was paid on credit card.

Do i just say the treadmill is faulty and that we have tried to pay for repair ourselves but to no avail, and it has been months now since we have been attempting to repair and that the retailer isnt cooperating.

Id appreciate advice and help

grumbler

It isn't faulty.
It is supposed to last for a reasonable time, but different people have different opinion on what is 'reasonable' and only a judge in the court can decide who is right, especially as you admit that it was used heavily and is worn.
IMO, you stand no chance of the CC company paying you voluntarily, but you can sue either the retailer or the CC company or both.

clkaz

grumbler wrote: »

It isn't faulty.
It is supposed to last for a reasonable time, but different people have different opinion on what is 'reasonable' and only a judge in the court can decide who is right, especially as you admit that it was used heavily and is worn.
IMO, you stand no chance of the CC company paying you voluntarily, but you can sue either the retailer or the CC company or both.

But we have had the parts replaced and it still isnt working.

The motor is still under warranty (10 years- which is also the average time-frame for how long a treadmill should last) but the two motors the manufacturer has supplied under warranty so far have not worked.

It was used but treadmills have parts which get worn just like a car and these have been replaced out of our own pocket but the treadmill still isnt working.

Surely after replacing all parts it should be working. For a £1000 machine which we have maintained well it should last more than four years.

Fair enough thats your opinion but i plan to claim under section 75 and the purpose of this post is to ask for advice regarding this claim

YorkshireBoy

Fair enough thats your opinion but i plan to claim under section 75 and the purpose of this post is to ask for advice regarding this claim

Your claim is with the supplier under the SOGA isn't it?

If you're unhappy with them, you use the joint and several liability placed on the card provider under section 75 of the CCA to sue said card provider.

So, you either instruct your solicitors or take them to the small claims court yourself.

However, the credit card provider will ask you for detailed information and maybe demand an engineer's report on the machine's condition.

How deep are your pockets?

clkaz

YorkshireBoy wrote: »

Your claim is with the supplier under the SOGA isn't it?

If you're unhappy with them, you use the joint and several liability placed on the card provider under section 75 of the CCA to sue said card provider.

So, you either instruct your solicitors or take them to the small claims court yourself.

However, the credit card provider will ask you for detailed information and maybe demand an engineer's report on the machine's condition.

How deep are your pockets?

Thanks for the reply but why are you jumping to gun to sueing?

I havent even put in a "claim" yet under S75.My claim is with the supplier but as you state the CC company is jointly liable .

I can provide detailed information as well as an engineer's report- thats not a provlem.

YorkshireBoy

clkaz wrote: »

Thanks for the reply but why are you jumping to gun to sueing?

Think about it. The only way you're going to get anything off the card provider is by suing or threatening to sue (ie by sending a LBA). They're most definitely not going to fall over and send you £1K at the mere mention of the phrase 'section 75'!

It's an out and out loss to the card provider. They can't even chargeback the value of the transaction as it's more than 120 days (or whatever it is these days).

As I said before, your rights are as laid down in the SOGA and that's the basis of your claim on the supplier. Section 75 gives you a likewise claim on provider of the credit (providing there was a D-C-S relationship)...but you're going to have to sue, or threaten to sue, them to get anywhere. And they have deep pockets, which is why I asked how deep yours were.

eddddy

clkaz wrote: »

Do i just say the treadmill is faulty and that we have tried to pay for repair ourselves but to no avail, and it has been months now since we have been attempting to repair and that the retailer isnt cooperating.

As YorkshireBoy says, your claim will be under the Sale of Goods Act (SOGA), so you need to read up on that and use it for the basis of your claim.

Perhaps the basis of your claim would be something like: A reasonable person would expect a £1k treadmill to last 10 years(???), this treadmill has only lasted 4 years, so you require a refund of 60% of the price (£600).

You should provide some evidence to support your opinion that it should last 10 years. (Perhaps the 10 year warranty on the motor is evidence of this.)

As you say, you could submit your claim to the retailer and/or the CC company. It's hard to know who would be the 'softer option', and likely to give in first.

If that's unsuccessful, the small claims court would be the next step.

chattychappy

Unless I have misunderstood, it seems you might have a claim against the people you paid to do the repair work. If that cost over £100 and was put on a CC, then S75 might have a role here.