Section 75 claim

borolee1973

the goos became faulty about 3 days after we purchased them byt eh company want to try and repair. i dont want them repaired but the company wont give me a refund

Can i make the CC give me my money back??

grumbler

@shaun
I am not sure about 'when delivered', but I am sure that there is no right for a refund "a short time afterwards". This can be a retailer's policy, but unfortunately SoGA says nothing definite about this. IMHO, it's a bad law, but it's the best that our well paid lawmakers were capable of producing.

MSE article: Consumer Rights Armour

@borolee
I am pretty sure you cannot. The only way is to sue them, and I don't see why you can win.

shaun_from_Africa

grumbler wrote: »

@shaun
I am not sure about 'when delivered', but I am sure that there is no right for a refund "a short time afterwards". This can be a retailer's policy, but unfortunately SoGA says nothing definite about this.

The SOGA is extremely specific about this very subject and what it states is that if goods are faulty when delivered of if found to be faulty before acceptance has occurred then those goods can be rejected for a full refund.
Acceptance isn't deemed to have happened until the consumer has had a reasonable time to inspect and test the goods

(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a
reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the
contract, and
(b)in the case of a contract for sale by sample, of comparing
the bulk with the sample.

This is how Trading standards define it:

If you have not in the legal sense 'accepted' the goods, you are entitled to reject them and claim a refund of the money you have paid or a credit back to your credit or debit card. Rejection means informing the trader that the goods are faulty and that you do not want them. Acceptance usually takes place after you have had the goods for a reasonable period of time without telling the trader that you are rejecting them or if you have altered or customised the goods in any way. The period during which you can reject the goods is not clearly defined in law and can depend on the type of goods you have purchased and the facts of the case.
For example, if you bought a watch and it stopped working after a couple of days, you should explain the problem to the trader and seek a refund. The trader may want to examine the watch. You should also produce your proof of purchase if it is requested

http://www.tradingstandards.gov.uk/cgi-bin/manchester/con1item.cgi?file=*ADV1024-1011.txt

chattychappy

Yep, I agree with Shaun.

People often talk about T+Cs without realising that Ts are different from Cs. A breach of a term usually gives rise to damages as a remedy. A breach of condition additionally gives the remedy of rescission - ie you can say the deal's off. However you must act quickly else you lose your chance.

The effect of SOGA and similar legislation is to inject certain terms into consumer contracts and in some cases elevate these to conditions. Hence the right to a refund if you buy something that's faulty. Legislation fiddles in other ways too: eg The Sale And Supply of Goods To Consumers Regulations says that if goods are found to be faulty within 6 months then there is a presumption they were faulty at the time of purchase (ie breach of condition) unless the retailer can prove otherwise. This could mean you are entitled to a refund if you have acted quickly, though you can still suffer a deduction if you have had some good use out of the goods.

In the OP's case, I would caution against allowing the supplier too long to fiddle around making repairs. I think I would demand a refund now rather risking it becoming too late through deemed acceptance.

Tixy wrote: »

I sit corrected.

I think you were correct in the first place!!

shaun_from_Africa

chattychappy wrote: »

eg The Sale And Supply of Goods To Consumers Regulations says that if goods are found to be faulty within 6 months then there is a presumption they were faulty at the time of purchase (ie breach of condition) unless the retailer can prove otherwise. This could mean you are entitled to a refund if you have acted quickly, though you can still suffer a deduction if you have had some good use out of the goods.

The "6 month" rule and the right to reject faulty goods are not really connected and are covered by two entirely separate sections of the SOGA and Sale and supply of goods act.
Whilst it is correct to say that faults that occur within 6 months from purchase are deemed to be caused by a manufacturing defect (unless the retailer can prove otherwise), this doesn't mean that you still have the right of rejection for these goods for this 6 month period.

The right of rejection normally only applies up until the time that the goods have been legally accepted by the consumer and this is generally taken to be a few days or possibly a few weeks depending on the type of goods in question.
There are other factors that can also imply acceptance, things such as modifying, attempting a repair yourself or selling the goods and once acceptance has occurred, then the retailer is still responsible for goods that failed due to being non durable or not fit for purpose, but they then have the right to choose a repair, replace refund option.

I would caution against allowing the supplier too long to fiddle around making repairs. I think I would demand a refund now rather risking it becoming too late through deemed acceptance

Allowing a retailer an attempt to repair goods doesn't imply acceptance and if the repair can't be carried out or isn't carried out to such a standard that is acceptable, the buyer still has the right to reject the goods for a full refund.

chanz4

the op also has not stated what the item or service was

borolee1973

All i need to know is can the credit company fob me off, or do i have a right to a claim form under Section 75. They are faulty blinds by the way

grumbler

You have the same rights against the CC company as you have against the supplier under the SoGA. You don't have any extra rights against the CC company.

If the supplier refuses to refund, the CC card can refuse similarly.

As the SoGA is very vague about this and so are the TS ("reasonable time", "example"), the only way to enforce it is to sue either the supplier or the CC company (or both?).

shaun_from_Africa

Provided that the payment meets the requirments to be covered by S75 then no, the CC company has exactly the same legal obligations as the retailer and they should not be telling you to deal with the retailer.

Try them again and inform them that if they will deal with the S75 claim then you will have no option but to report them to the Financial ombudsman.

Bantex_2

shaun_from_Africa wrote: »

Provided that the payment meets the requirments to be covered by S75 then no, the CC company has exactly the same legal obligations as the retailer and they should not be telling you to deal with the retailer.

Try them again and inform them that if they will deal with the S75 claim then you will have no option but to report them to the Financial ombudsman.

It has not been established that a refund is due though.