Section 75 time limit on tailor made suit

Tallmark

Hi

I wondered if anyone could advise me on how the Section 75 time limit applies?

I bought a Groupon offer for a made to measure suit with asuitthatfits for £350 in December 2014. I had the first appointment in the middle of January 2015 and paid a further £54 on my John Lewis Partnership (Mastercard). My order was initially lost by the company so I didn't get to try the suit on until 7th May. There were some fitting issues with the jacket so this went back - and has gone back three times since, and still doesn't fit. The final time I tried it on was Thursday 20th August when I finally decided it was pointless continuing.

As well as pursuing a refund from the company, I've contacted John Lewis CC to make a Section 75 claim. However they have told me that I'm out of time as the payment I made on my card was back in January. However, I only tried the suit on for the first time in May and expected there to be some bits to be sorted - so only recognised there was a problem in July when they failed to make satisfactory adjustments.

I'd be really grateful for any advice on whether or not I can claim under Section 75...?

Ta very much!

McKneff

You say you are pursuing a refund from the company, are you getting anywereh with this.
You cant take it up with John Lewis till you get a definitive answer from the company.

grumbler

AFAIK, there is no any special time limit for s75 claim. The limit is the same as for a claim aginst the supplier.

If so, JL are fobbing you off.

chanz4

I wonder if as it was bought via groupon section s75 is broken, as don't you buy a voucher

grumbler

What about "further £54 paid on ...John Lewis Partnership (Mastercard)" directly to the supplier?

Tallmark

Thanks folks. The £54 was paid directly to the suit company using my credit card. If I understand S75 correctly, I think this means that i should still be covered for the value of the entire transaction, even though most of the cost of the suit was paid via Groupon? Is that correct?

eddddy

Tallmark wrote: »

Thanks folks. The £54 was paid directly to the suit company using my credit card. If I understand S75 correctly, I think this means that i should still be covered for the value of the entire transaction, even though most of the cost of the suit was paid via Groupon? Is that correct?

It might depend on exactly what you were paying for...

If you paid for a suit partially via Groupon and partly directly to the suit company by CC, you should be covered by s75.

But... if, for example, you paid for the suit via Groupon, and then paid for alterations via CC - that would be two separate transactions, for two different things. So no s75 cover.

To make an s75 claim, you must show breach of contract or misrepresentation. So you need to be specific about which term they have breached in the contract.

(For example, if the contract said it may take up to 12 months to complete the suit, the contract may not have been breached.)

Tallmark wrote: »

I've contacted John Lewis CC to make a Section 75 claim. However they have told me that I'm out of time as the payment I made on my card was back in January.

You have 6 years to claim, from the time you became aware that the contract was beached,

(I suspect the CC company are talking about chargeback.)

grumbler

Even for chargeback 120 days start from the due date of the delivery, not from the payment (up to 540 days from the payment).

chattychappy

McKneff wrote: »

You say you are pursuing a refund from the company, are you getting anywereh with this.
You cant take it up with John Lewis till you get a definitive answer from the company.

In fact the OP doesn't need to take it up with the company at all - they could go direct to John Lewis if the prefer. No need to wait for a "definitive answer" from the company. Under S75 (subject to various provisos) John Lewis and the company are jointly and severally liable for breach of contract/misrep.

In practical terms it might well be worth pursuing the company first, but this isn't required by S75.

andyuk01

Not strictly true, you need to show that you have taken reasonable steps to resolve things with the retailer before going down the S75 route

YorkshireBoy

andyuk01 wrote: »

Not strictly true, you need to show that you have taken reasonable steps to resolve things with the retailer before going down the S75 route

Show who?..