Using Section 75 for repairs

etwallace

Have fairly new DVD recorder less than 6 months old, cost £260, is faulty. Seller or manufacturer is saying repair is not economic and have offered refund. I don't want a refund I want the unit fully repaired. Can I use section 75 to pay for the 'uneconomic' repairs?

glentoran99

no you've been offered a refund, why would you want it repaired?

molerat

Section 75 could be used if you were not being given your rights under SOGA, not if you are not given what you want.

HappyMJ

etwallace wrote: »

Have fairly new DVD recorder less than 6 months old, cost £260, is faulty. Seller or manufacturer is saying repair is not economic and have offered refund. I don't want a refund I want the unit fully repaired. Can I use section 75 to pay for the 'uneconomic' repairs?

Offer is refund, repair or replace. It isn't your choice. You got a refund so you can use the cash and buy another one.

meer53

Why would you want a repair ?

chattychappy

No you can't insist that they repair it. In theory you can insist on "damages" for breach of contract. Damages can be higher than the original purchase price. So S75 can, in some circumstances entitle you to more than a refund. Any T+Cs you agreed to when making the purchase would be relevant.

So if there was a particular reason why you want a repair rather than a refund, then you might be able to insist on a larger sum in order to cover your losses which could include the cost of getting it repaired elsewhere (or buying an alternative, more expensive unit). This is somewhat theoretical, comes down to circumstances and will be very difficult to argue for.

SuperHan

It will be very difficult to argue for a repair from anybody.

The SoGA only requires a repair, replacement or refund (which can be proportional). If the retailer is offering one of these, then that's all that is required under SoGA. Section 75 is likely to be rejected as the CC will not be willing to pay out of their pocket when the retailer has already met the requirements of the law.

etwallace

Thanks for the replies.
I want it repaired because I CAN'T buy another, it can't readily be replaced with a new working unit. End of line stock, unfortunately.

Crabman

etwallace wrote: »

Thanks for the replies.
I want it repaired because I CAN'T buy another, it can't readily be replaced with a new working unit. End of line stock, unfortunately.

Thought that might be the case. You could explain that and see what you're offered.

HappyMJ

etwallace wrote: »

Thanks for the replies.
I want it repaired because I CAN'T buy another, it can't readily be replaced with a new working unit. End of line stock, unfortunately.

Are there none available on Ebay?

chattychappy

SuperHan wrote: »

It will be very difficult to argue for a repair from anybody.

The SoGA only requires a repair, replacement or refund (which can be proportional). If the retailer is offering one of these, then that's all that is required under SoGA.

SoGA does not "regulate" sales. It implies certain terms into contracts, and elevates certain terms into conditions. It doesn't limit a right to damages (or restrict any other remedy under contract law).