Barclays Finance Section 75 claim

tarajayne

Hi,
We bought some sofas and they were delivered on 17/6. Due to the decorators being here we didn't use them for a week and last weekend during first use we noticed a problem with the arm so reported it finally speaking to them last Tuesday. Then we had discovered lots more problems so emailed the company first but have got no response this time. We have sent a letter and two further emails now rejecting the furniture under the sale of goods act but again no reply. This morning I contacted Barclays Finance to file a Section 75 claim and she was really helpful but just now another lady rang saying that all Barclays could do was help us get a repair not help us with a refund, I didn't think this was right but am unsure?

frugal_mike

Was the financed arranged as part of the Sofa Purchase (and not a loan that you took out independently of the purchase)?

If so, they are jointly and severally liable for the contract. If you have a legal right to a refund then you can claim that from Barclays.

The Sale of Goods Act gives you a 'reasonable' time to reject goods for a full refund if they do not conform to contract. A week is certainly reasonable in my opinion, so if the faults are non-trivial then I would say you are entitled to a refund.

Perhaps the woman at Barclays did not realise that acceptance had not occurred?

tarajayne

frugal_mike wrote: »

Was the financed arranged as part of the Sofa Purchase (and not a loan that you took out independently of the purchase)?

If so, they are jointly and severally liable for the contract. If you have a legal right to a refund then you can claim that from Barclays.

The Sale of Goods Act gives you a 'reasonable' time to reject goods for a full refund if they do not conform to contract. A week is certainly reasonable in my opinion, so if the faults are non-trivial then I would say you are entitled to a refund.

Perhaps the woman at Barclays did not realise that acceptance had not occurred?

The first lady had a different opinion to the second, it was the second Barclays lady that insisted they cannot get me a refund. She said by signing the delivery documents I accepted it. She repeated all they can do is get me a repair. I do not know what to do now as she said Barclays are writing to me to confirm this.


And it was organised by the company, we bought over the telephone and it is Barclays Partner Finance

frugal_mike

Signing the delivery documents is almost certainly not acceptance, especially if the sofas were not unpacked at the time. The Barclays employee is not correct there.

tarajayne

As I understood the law even unpacked acceptance only happens once you have used them a little and make sure it is all ok?

tarajayne

It didn't even cross my mind to get down on the floor and check the support legs under if I'm honest, it was only when we were concerned last week and really starting looking it over that we realised that the two long sofas are only held up by the four spindly legs as the support legs are way too short and about an inch off the floor. It is so ridiculous it's almost funny. And then I only checked after my 8st daughter sat down and I watched the sofa rock.

bris

Unfortunately the law does not stipulate how long acceptance is so a week could be deemed plenty of time for inspection, you will need the courts or at least the threat of them to make them see different.

tarajayne

I was thinking it may have to be small claims court, but I am confused by Barclays take on it.

tarajayne

Consumer helpline guy insists Barclays should refund me if that's what I'm requesting so I've got to write to them apparently with a complaint about what I've been told.

bod1467

http://sogahub.tradingstandards.gov.uk/explained

That's what The Law says.

PS - S.75 applies even if it was just a credit card that was used for the purchase. It doesn't need to be a specific finance (credit) package for a specific purchase.

frugal_mike

There does need to be a direct transactional link between the credit provider and the seller though, so a bank loan into a bank account followed by a purchase on a debit card wouldn't count.