Possible S75 Claim

Fergie76

I bought my wife a ring in Dubai when we were on holiday there in April. Over the weekend one of the stones (an emerald) has come out the ring and is lost.

Given that I can't take it back to the retailer, can I claim a repair through Section 75 as I paid for the ring on my CC?

Thanks.

PeacefulWaters

Optimistic.

Does Dubai law entitle you to a repair in these circumstances?

chattychappy

S75 is UK legislation that makes the merchant jointly liable in the case of breach of contract. UK consumer law implies into consumer contracts a number of terms and conditions (fitness for purpose etc). The purchase was made outside of the UK so wasn't governed by UK consumer law. However it was still financed by a consumer credit agreement regulated by the CCA1974.

Therefore you have to determine if there was a breach of contract according to Dubai law. If there was, then you can make a claim under S75 in the UK.

Fergie76

Ok, thanks for your replies. It was a long shot.

abderrahmane

you must read dubai's law !!

jonesMUFCforever

Fergie76 wrote: »

Ok, thanks for your replies. It was a long shot.

Was the ring insured - would personal possession cover from your home insurance entertain a claim?

Fergie76

jonesMUFCforever wrote: »

Was the ring insured - would personal possession cover from your home insurance entertain a claim?

I took the ring in to a jewelers today for a quote to be fixed and it turns out the ring has been damaged, rather than poor workmanship, so I wouldn't be covered by retailer or CC anyway. She must have banged it without realising, as well as the missing stone and other has bad chip in it. I am going to phone my home insurance after tea, to see if I have accidental cover, as Jewelers are unsure if it can be fixed and even if it can it's going to be a few hundred pounds (probably).

eddddy

It might be better to check your policy rather than calling your insurer.

Even if you don't make a claim, they may note on your insurance record that you've suffered a loss - which might impact your future premiums.

As an example, see: https://www.theguardian.com/money/2013/sep/30/insurance-query-higher-premiums

Fergie76

I have just phoned the Insurance Company (before seeing your advice, Eddy) and I have personnel possession insurance and accidental damage insurance. £50 excess.