Finance agreements and s75A CCA

morrit

REALLY quick question...


Dell computer bought via creation finance. Dell computer has gone up the swanny.


Informed Creation as a matter of courtesy incase things got difficult with Dell (as apparently they can do) who said this is a matter between me and the store and that they have nothing to do with it.


Under s75A am I protected?


Cheers

jonesMUFCforever

Are you protected for what?

Do you still have to pay of the finance? - yes you do.

If indeed you purchased the product from a store rather than through Dell direct - yes that is where I would go back first of all if anything goes wrong with the product.

chanz4

dell don't tend to give hassle, how olds the machine?

morrit

I have no problem paying the finance on it.




Machine was bought via Dell online and is less than 6 months old, but I heard that they only issue repair orders if their online diagnostics pick something up, however in this case their diagnostics haven't picked up anything.


I mean should the machine be faulty and dell refuse to assist, am I protected under s75a? I would be if I bought it with a credit card under s75, however, Creation Finance say doesn't apply and I reviewed the legislation and wanted an opinion on s75a.


Forewarned is forearmed.

maginot

Hi morrit

You are unlikely to be protected under s75, as the goods were fine when you received them. If you received the computer yesterday for example and did not work you may have a case under s75, as you never received the goods you ordered e.g. Working computer. Even if you had bought it on a credit card, you have the same rights, s75 is not insurance but covers you if you don't get the goods you bought or not as specified.

If the computer is now not working after 6 months, you would have to complain under SOGA and would have to prove there was an inherent fault. If they don't provide a repair, replace or refund, you could take dell to small claims court if the computer has just stopped working (I would expect it to still work after 6 months if you haven't damaged it in anyway).

PeacefulWaters

If the finance agreement paid the retailer directly for the purchase (as opposed to sending money to you to make the purchase with) then yes, the lender has a S75 liability.

maginot wrote: »

Hi morrit

You are unlikely to be protected under s75, as the goods were fine when you received them. If you received the computer yesterday for example and did not work you may have a case under s75, as you never received the goods you ordered e.g. Working computer. Even if you had bought it on a credit card, you have the same rights, s75 is not insurance but covers you if you don't get the goods you bought or not as specified.

If the computer is now not working after 6 months, you would have to complain under SOGA and would have to prove there was an inherent fault. If they don't provide a repair, replace or refund, you could take dell to small claims court if the computer has just stopped working (I would expect it to still work after 6 months if you haven't damaged it in anyway).

If there's a liability under SOGA or other consumer law then the lender shares that liability with the retailer.

The consumer can pursue either the retailer or the lender for resolution.

Proving there's a fault is the problem.

morrit

Hi.
Thanks. 2 opposing arguments there. The money was paid direct to the retailer.

Maginot - thankyou. I would be on pretty safe ground if that were the issue. There would be a whole host of legal avenues letting along the immediate warranty.

Peacefulwaters - you confirm my suspicions in regards to this. Credit is credit at the end of the day. It's under a credit agreement so it fits.

Let's just hope Dell play ball as they should.

Thanks folks

bris

maginot wrote: »

Hi morrit

You are unlikely to be protected under s75, as the goods were fine when you received them. If you received the computer yesterday for example and did not work you may have a case under s75, as you never received the goods you ordered e.g. Working computer. Even if you had bought it on a credit card, you have the same rights, s75 is not insurance but covers you if you don't get the goods you bought or not as specified.

If the computer is now not working after 6 months, you would have to complain under SOGA and would have to prove there was an inherent fault. If they don't provide a repair, replace or refund, you could take dell to small claims court if the computer has just stopped working (I would expect it to still work after 6 months if you haven't damaged it in anyway).

Well that's all complete nonsense so just ignore it.


You are protected under S75 by the finance company, they can not just ignore your rights.


The problem you have is proving the fault, you say Dell can't find anything wrong? If so then you have no case against anyone until you prove the fault, if you do that then Dell will most likely resolve the problem without needing the finance co to step in. If not you can get the finance co involved, both are liable.

morrit

bris wrote: »

Well that's all complete nonsense so just ignore it.

Well.... didn't want to sound rude... Lol.

Nasqueron

bris wrote: »

Well that's all complete nonsense so just ignore it.


You are protected under S75 by the finance company, they can not just ignore your rights.


The problem you have is proving the fault, you say Dell can't find anything wrong? If so then you have no case against anyone until you prove the fault, if you do that then Dell will most likely resolve the problem without needing the finance co to step in. If not you can get the finance co involved, both are liable.

Does S75 cover a situation where the user may be the one who caused the fault? Hypothetically speaking, (as OP has not explained what the fault is) what if the fault was a virus or other software problem caused by OP downloading it - is there S75 liability there?

OP would do better explaining what the fault is on an IT forum and seeing what advice they can give - I would hazard a guess the dell diagnostics will check hardware only and not identify anything that might be making it run slowly.


Off topic but I read so many articles from IT repair people who go fix machines and it just turns out to be user's machine is full of malware as they wanted an animated cursor or fancy screen saver (or in some situations, because of the !!!!!! sites that have been visited which are usually blamed on "hackers" rather than the 16 year old son who is "an angel") and the repair guy sees the same people every few months - typically with a browser that is stuffed full of toolbars.

PeacefulWaters

Nasqueron wrote: »

Does S75 cover a situation where the user may be the one who caused the fault? Hypothetically speaking, (as OP has not explained what the fault is) what if the fault was a virus or other software problem caused by OP downloading it - is there S75 liability there?

If it's software that came with the machine there could be a liability.

If it's been added since, no.