Credit card protection for damage caused by purchased item

Bradders1664

Hi all,

I recently purchased an expensive cast iron radiator using my credit card and when it arrived I had it plumbed in but it turned out that there was a manufacturing defect with it and it flooded the room...

I know I can claim for a refund for the radiator under Section 75 but are they also liable (under a different section) for the damaged caused by the faulty radiator to my property?

I have a high excess on my home and contents cover and it is also my first year of having home insurance so I don't wish to pay the large excess or have an insurance claim against me so early on as my insurance was expensive enough already (I did compare policies and providers before anyone recommends doing that next year )

Thanks in advance,

Rich

saver861

hmm .. I can't say I know the answer myself but I suspect it would be a long haul to try to get the radiator company to pay up for the damage. Might the plumber not be someway at fault too for instance ... all very spaghetti like problem.

Technically speaking you are supposed to inform the insurance company of the leak even if you don't claim. I once had a minor leak and told the insurance company about it at the time but I did not claim. I only informed them because there might have been some underlying problem that was not visible at the time.

However, at renewal they tried to whack up the premiums - the justification was that even though I did not claim it was subsequently a potential risk!!!

Bradders1664

It was definitely a manufacturing defect as they haven't screwed the top sections together fully! Really shocking as they are supposed to be pressure tested to 10bar before being shipped and this failed with only around 2bar in the system.

I did inform the insurance company as I wasn't sure if the wooden floor would swell up or not in the coming days. As you say, it might affect my premium anyway but there is nothing I can do to change that now.

I think the small claims court might be the only way to go unless anyone else knows otherwise.

Thanks,

Rich

molerat

Your rights of redress for consequential damage are against the retailer equally with the credit card company. What has the retailer said about it ?

saver861

Well it depends on what damage has been caused and the overall cost to put right. It could be you can claim on the insurance and they can then try claiming from the manufacturer of the radiator. Do you have legal expenses with your insurance?

It might be you are trying to do yourself what you have paid your insurance company to do for you.

Bradders1664

I thought as much Molerat. The supplier has said it is nothing to do with them and they need to take it up with the manufacturer. I disagree as they may only be the supplier but it is them I paid not the manufacturer and it is not fit for purpose.

My claim is against them and it for them to make a counter-claim against the manufacturer. At least that is how I see it but I don't know how the law sees it.

Saver861, you are right in saying I am trying to do the insurers job but I am trying to avoid a claim against my insurance and the payment of the excess. I don't see this as an accident as it is a manufacturing fault. I see it as negligence as not only have they failed to manufacture it correctly, they also have failed to pressure test it.

I think I will give them one last chance to take it seriously and if they don't I will approach the credit card company to sort it out if they are able. Failing that I will make a claim against my insurance. Does that sound like a sensible approach?

saver861

Bradders1664 wrote: »

Saver861, you are right in saying I am trying to do the insurers job but I am trying to avoid a claim against my insurance and the payment of the excess. I don't see this as an accident as it is a manufacturing fault. I see it as negligence as not only have they failed to manufacture it correctly, they also have failed to pressure test it.

I think I will give them one last chance to take it seriously and if they don't I will approach the credit card company to sort it out if they are able. Failing that I will make a claim against my insurance. Does that sound like a sensible approach?

Do you know or have an idea of the overall cost of the damage?

There is no harm in approaching the credit card company now to find out necessary information without proceeding with a claim.

If you go down the route of trying to pursue it yourself there will be time and costs involved and you may not win. Even if you do win you would need to measure that up against the cost of the excess and subsequent premiums. As mentioned previously, the fact you have informed them will already affect your premiums next year.

Bradders1664

Cost of damage is only around £500-1000
Cost of plumber call outs will be around £200
Cost of dehumidifier rental plus electricity £300

I will contact the credit card company on Monday.

Thanks both of you for your advice.

Rich

saver861

Right - well if your excess is particularly high then I see where you are coming from.

Putting a high excess on basically means insuring for high loss only.

If you are certain there is no other non visible damage then it might be worth going down the credit card route first. However, do be aware there is a time limit on when you can claim on the insurance from the date of the incident.