Tesco Credit Card Section 75

sarahs76

Our American fridge freezer broke down in August 2013. Repaired end August beginning September with a new compressor. Christmas day the fridge freezer broke down again and we were forced to call our neighbours to rehouse the contents and subsequently had to buy a temporary fridge freezer from the local currys store on boxing day. We are claiming back from our Tesco Credit Card the cost of repair £250.00 - also had to obtain an independent engineers report at a cost of £90.00 and we are also claiming back the cost of the temporary fridge freezer £229.99. Tesco have had all the paperwork since 14th March - 8 weeks now and still we have heard nothing from them. My partner called today and they tell us that they emailed the engineer but they have not had a response. I called the engineer and he tells me he did reply to the email and also that Tesco called him. How much longer should we have to wait to get our money back? To add to it all we are told that we can't get rid of the useless piece of metal that is still in our kitchen that doesn't work. So we can't order another one.:(

Anyone had any dealings with claiming from Tesco Credit Card for services?

ThumbRemote

Why are you claiming back the cost of a temporary fridge freezer?

Assuming it's still in side the timescales, under the Sale of Goods Act you are entitled to a remedy - repair, refund or replacement. Whatever is picked must not cause significant inconvenience. Now I appreciate a fridge freezer breaking down at Christmas is very inconvenient, and as such you could probably argue that buying a replacement yourself and getting a refund for the original is the only course of action that wouldn't cause significant inconvenience.

Could you provide a fuller account of what happened and when?

sarahs76

Well what happened is as follows:-

We had a new compressor fitted by a samsung approved contractors for our asamsung american fridge freezer. It cost us £250 but less than 4 months later the compressor failed again on Christmas day. We tried to get them to come out and repair it again but they said the guarantee was only valid for 90days. Luckily we paid for the repair on our credit card. So we are claiming back for the cost of repair plus £90 for an independent company to confirm what had gone wrong and as a consequential loss (as we had no alternative but to buy the cheapest fridge freezer that was available in the shop on boxing day.

Tesco are just taking so long with the claim. 8 weeks now. Just wondered if anyone had any dealings with them and any top tips on how to get a resolution much quicker. We are not allowed to dispose of the broken American fridge freezer that doesnt work until tesco and made a decision. Thanks for your time.

zoob

What model of Samsung f/freezer is it? How old is it? And is it freestanding in your kitchen or built in between units?
Also we're did you buy the samsung f/freezer from, was it paid buy the tesco credit card?

Bantex_2

It appears the fridge is over 4 years old and bought from Boots.
Think OP will be very lucky to get anything via S75.

marliepanda

If its 4 years old, then your chargeback is not going to work...

wealdroam

Bantex wrote: »

It appears the fridge is over 4 years old and bought from Boots.
Think OP will be very lucky to get anything via S75.

marliepanda wrote: »

If its 4 years old, then your chargeback is not going to work...

But under Section 75 of the Consumer Credit Act the card issuer is equally responsible with the seller for performance of the contract.
So if a claim under SoGA is valid against the seller, then it is equally valid against the card issuer.

marliepanda

OP: What does the report state. Does it state that the thing that went wrong after 4 years was inherently wrong when it was sold to you?

ThumbRemote

Bantex wrote: »

It appears the fridge is over 4 years old and bought from Boots.
Think OP will be very lucky to get anything via S75.

From their description they are doing a claim on the cost of the repair - not the original fridge.

Bantex_2

ThumbRemote wrote: »

From their description they are doing a claim on the cost of the repair - not the original fridge.

Agreed, but they would need to take through the service companies procedures first.

bod1467

Bantex wrote: »

Agreed, but they would need to take through the service companies procedures first.

Which it appears they may already have done (post #3)