Section 79 Charge Card

henrygregory

Recently a fairly new electrical appliance I purchased with an American Express charge card failed. It was over two years old, but well under 3 years old, but out of warranty none the less. I felt that given the amount I had paid for it, it wasn't really on.
Comet, who I bought it from, are now shut down so I really had no choice but to go back to American Express with a view to making a section 79 claim.

I was rather surprised when they came back to me and said that there would be nothing they could do to help me as I had paid with my charge card rather than my standard American Express credit card - my fault for not noticing the difference in terms and conditions.

Is there anything further I can do about this?

shaun_from_Africa

You mean a Section 75 claim.

A.E are correct. S75 only applies when goods are paid for on credit(and are between £100 and £30,000 in value).
A charge card doesn't involve any form of credit, hence no S75 protection.

It might be worth contacting the manufacturer to see if they would be willing to offer any help.

wealdroam

No 'fraid not.

I think you mean Section 75.
It's Section 75 of the Consumer Credit Act... note the word credit.

As you didn't use credit, AmEx are right.

How about talking to the manufacturer?
Maybe they can help.


Too slow again.

henrygregory

Thanks guys and yes sorry meant 75 not 9, my mistake!
Will give Panasonic a go

InsideInsurance

shaun_from_Africa wrote: »

A.E are correct. S75 only applies when goods are paid for on credit(and are between £100 and £30,000 in value).

A charge card doesn't involve any form of credit, hence no S75 protection.

S75 only applies to goods and services paid for on credit where the contract of credit is regulated by the Consumer Credit Act.

A charge card does involve credit because its not pre-paid nor does it instantly collect payment however the credit given is only ever for up to 1 month and thus is excluded from the CCA