Visa purchase - claim for partial non supply ?

ricky101

Hi,

Made an in store purchase of a TV with a 5 year warranty package with a Nationwide Visa Credit Card.
( TV advertised with the 5 year warranty included )

While the TV is fine, after 7 months of emails and phone calls the stores 5 year warranty it was advertised with has not been forthcoming.

Its currently covered by the standard 12 months manufacturers warranty but for me to buy my own extra 4 year warranty from the manufacturer would cost £171.

Do I have a case for claiming that amout back from Visa due to non supply of the warranty by the retailer.

I expect I could go to the small claims court for this, but thought claiming against Visa might be simpler / more effective ?

thanks

Ben8282

How are you expecting this warranty to be supplied? Perhaps the purchase receipt is adequate. If you purchased in store, did you not ask about this at the time of purchase?
What were you told during the 7 month e-mail and phone call exchange?
Can you actually prove that the warranty was offered, applied to the television that you purchased and that you do not have it? Has the tv broken down? Have any repairs been refused?

agrinnall

Who is the retailer? 5 years suggests that it may be John Lewis, if so I'm pretty sure nothing other than the receipt is needed.

ricky101

Hi,

There is nothing wrong with the TV.

It was advertised on the web and in the shop ( a local but large electrical retailer) with clear 5 year warranty labels and 2 sales persons stated it was so.

Initially they said it was a warranty arranged by them, not with LG.
Now they are saying it is a LG warranty ?

We have photos of the above.

At the time of purchase we were told the 5 year warranty details would follow.

The stores salesman has confirmed by email and recorded phone message that the 5 year warranty should be forthcoming , hard to deny when I enclosed the photo of their advert etc.

They have used a variety of excuses ( valid or not ?) for the delay, and the last one was thats its in the post, but that was three weeks ago, and no reply to my follow up email since.

Think 8 months is beyond any reasonable period to wait, hence my asking to see if the credit card will cover us ?
( did not want to simply ask Visa without first knowing that I might have a strong case for such a claim)

System

You can claim via S75 (i. e. from Nationwide themselves) but a chargeback (which would have likely been successful) needs to be done within 120 days.

A Small Claim would work too as you've stated.

I never understand why people don't realise they are being fobbed off fairly quickly?

agrinnall

Have you asked LG whether they have any knowledge of an agreement with the retailer to offer the extended manufacturer warranty?

ricky101

Heng_Leng wrote: »

You can claim via S75 (i. e. from Nationwide themselves) but a chargeback (which would have likely been successful) needs to be done within 120 days.

A Small Claim would work too as you've stated.

I never understand why people don't realise they are being fobbed off fairly quickly?

To be honest this is the first time I have been in such a situation, and any problems I have had with previous suppliers have been resolved quickly and helpfully. ( lucky ? !!)

Looked up the Nationwide section 75 details on the web and then had a good conversation with their helpline who believe they may be able to claim back the value of the warranty not supplied.

ricky101

agrinnall wrote: »

Have you asked LG whether they have any knowledge of an agreement with the retailer to offer the extended manufacturer warranty?

This is an area where the supplier has given differing info.

Initially they said it was a 5 year warranty arranged by them; not a 5 year warranty from LG.

They later said the delay was due to a mix up with them and LG and they were waiting for LG to provide the warranty.

LGs site just direct you to their appointed warranty agent, Domestic and General; no real point in contacting them, doubt they would know and surely my dispute is with the retailer.

Could always let LG know the retailer is using their name as an excuse .. but for now will go down the S75 route as mentioned in the previous post.

ricky101

Hi Again,

When opening a S75 claim with NW Visa, am I required, (or out of courtesy) to advise the retailer I am taking such action ? - like a LBA when going to the SC court .

Thought if I did tell them I had opened a claim it might push them to provide the warranty - or is that my wishful thinking / water off a ducks back to them ..?

eddddy

ricky101 wrote: »

Hi Again,

When opening a S75 claim with NW Visa, am I required, (or out of courtesy) to advise the retailer I am taking such action ? - like a LBA when going to the SC court .

Thought if I did tell them I had opened a claim it might push them to provide the warranty - or is that my wishful thinking / water off a ducks back to them ..?

You're free to tell the retailer if you want, but you're not required to.


Taking a step back, I'd say it's hard to argue that you've suffered a loss. Especially as everybody is agreeing that you have a 5 year warranty.

The time to make a s75 claim or go to the small claims court is if the TV breaks down (perhaps in 4.5 years time) and the retailer refuses to repair it - so you have to pay to get it repaired (or replaced).

Then you will have actually suffered a loss.

ricky101

eddddy wrote: »

Taking a step back, I'd say it's hard to argue that you've suffered a loss. Especially as everybody is agreeing that you have a 5 year warranty.

.

Hmmm.., sorry, might be mistaken, but do not agree with that view.

Was told at point of purchase that the 5 year warranty documents would follow.

I was initially told that the 5 year warranty was not via LG but by the retailers own arrangement.
Since then they are saying they were getting the warranty documents from LG.

Surely the point of us having the 5 year warranty documents from either LG or their service agents means that should the retailer go out of business, then I still have warranty cover.

Without such documents how would I be covered ?