Powerplan 5 year warranty/consumer credit act

Rocket01

This is an ongoing thread on the Grumbletext message board but does not appear to have been mentioned here yet, so here is my story. The issue is related to an extended 5 year guarantee with Powerhouse or Scottish Power electrical retailers. At the end of the 5 year period, if no claim had been made then a full refund would be given. There were the usual conditions about registering within 30 days etc, that I have met. A couple of years ago Powerplan (the company that ran the insurance scheme) and Powerhouse went into administration. They are now only refunding a small percentage of what they owe with maybe a bit more in 2007 when they know what money they have left over once everyone has claimed.
However these things happen and I have accepted it.
But I do not want what the administrators are offering and have chosen to claim through my credit provider. To purchase my washing machine and extended warranty I used - First National Tricity Finance - and the sale was regulated by the consumer act 1974 section 75. This states that the credit provider is equally liable. It was a buy now pay later offer but should still adhere to the full conditions that a normal credit card payment would do and this was mentioned on the contract.
I am in the process of going through the "Money Claim Online" and Small Claims Court process. FNTF are not admitting any liability and only paying up as a good will gesture in certain circumstances. Apparently my claim does not meet these as I did not claim from them within 30 days of the warranty expiring. Even though I claimed through Powerplan, as at the time I was anaware of the administration until I looked into the delay.
I would be very interested to know if anyone else has suffered with this or taken a similar route to myself. My warranty cost £200 on a £350 machine so is a big chunk of the cost and I am owed it back so will not be letting this one go. I have had a free legal advice chat and been advised that the finance company is in breach of the debtor/creditor consumer agreement if they do not pay up. I do not understand how they think they can get away with it and claim those that they do pay is a good will gesture.

MarkyMarkD

I think that your claim is sound, Rocket. You complied with the terms of the deal which said to send your claim to Powerplan at a specified address. If they had meantime gone into administration etc. that doesn't affect that claim's validity.

And of course the "buy now pay later" lender are liable under section 75.

I expect your claim will be successful (or, more likely, they will have the sense to settle up before you go to court).