Section 75 claim

borolee1973

I've just tried to make the above claim on my Credit Card for faulty goods, and have been told I must give the retailer the chance to repair them before i can make a claim.

Is this correct??

Thanks

Tixy

Who told you that? the credit card provider?
It is incorrect, see here - http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

Complaints about a product and the retailer/supplier isn't bust
Here you may be met by "that's not our business, go to the retailer". Actually you don't have to, it is their business and you've a legal right to redress. The law makes clear that the credit company is jointly responsible, so there's no 'first point of call'.
However, frankly, unless you need to (eg, the supplier/retailer is overseas) it's much easier to deal with the retailer.
If you are claiming from the credit provider, be firm but polite, and request a claim form. Again, on the claim form, state it is a claim under "Section 75 of the Consumer Credit Act".

borolee1973

Yes, it was the Credit Card provider who told me that i must give the retailer a chance to repair as they say they are defective rather than faulty

what do I do next??

Bantex_2

borolee1973 wrote: »

Yes, it was the Credit Card provider who told me that i must give the retailer a chance to repair as they say they are defective rather than faulty

what do I do next??

CC company are not going to refund just because you say something is faulty. What are the retailer prepared to do?

borolee1973

send someone to supposedly fix them, but not sure they can

OhReally_2

borolee1973 wrote: »

Yes, it was the Credit Card provider who told me that i must give the retailer a chance to repair as they say they are defective rather than faulty

what do I do next??

:huh: :huh: :huh:

defective

adjective

1. Imperfect or faulty

http://www.oxforddictionaries.com/definition/english/defective

OhReally_2

borolee1973 wrote: »

send someone to supposedly fix them, but not sure they can

I'd suggest you get the kettle on then ...

SnowTiger

borolee1973 wrote: »

I've just tried to make the above claim on my Credit Card for faulty goods, and have been told I must give the retailer the chance to repair them before i can make a claim.

Is there a reason you've chosen to go for a Section 75 claim, rather than go to the retailer for a remedy?

grumbler

Tixy wrote: »

Who told you that? the credit card provider?
It is incorrect, see here - http://www.moneysavingexpert.com/shopping/section75-protect-your-purchases

No, this was correct.
The CC company is jointly liable with the retailer and can be held responsible if the retailer fails to fulfill their obligations.
Under the SoGA the retailer has to either repair or replace (their choice). The OP can't demand a refund from a CC company - as they can't demand it from the retailer yet.

Tixy

grumbler wrote: »

No, this was correct.
The CC company is jointly liable with the retailer and can be held responsible if the retailer fails to fulfill their obligations.
Under the SoGA the retailer has to either repair or replace (their choice). The OP can't demand a refund from a CC company - as they can't demand it from the retailer yet.

I sit corrected.

shaun_from_Africa

grumbler wrote: »

Under the SoGA the retailer has to either repair or replace (their choice). The OP can't demand a refund from a CC company - as they can't demand it from the retailer yet.

This may or may not be correct depending on how long the OP has had the goods.
If they were faulty when delivered or the fault became apparent a short time afterwards then the OP does have the right to a full refund without having to give the retailer or CC company the option to repair or replace.
It is only once acceptance is deemed to have occurred that the repair/replace/refund option comes into play.