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Section 75 - how easy to get? Amex

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Having massive hassle with a mobile phone I bought from HTC. They are basically refusing to fix under warranty. (Long story but basically the charging socket and battery were damaged when the charger melted overnight - official charger and cable. They quoted me £350 to fix).

If I go to Amex (who are normally very good) surely they're not going to just say ok have you money back if I pursue a section 75 claim are they?

Anyone else tried similar?

Comments

  • bengalknights
    bengalknights Posts: 5,021 Forumite
    Part of the Furniture 1,000 Posts
    Amex charge card or credit card?

    They have different legalitys between the 2 but generally amex are very good
  • Amex charge card or credit card?

    They have different legalitys between the 2 but generally amex are very good

    credit but yes they are excellent.
  • eddddy
    eddddy Posts: 18,030 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    To make a section 75 claim, you have to demonstrate breach of contract (or misrepresentation).

    So I guess you would be claiming breach of contract on either/both of these:

    1. The phone was not of satisfactory quality and/or not fit for purpose when you bought it.

    Or

    2. A warranty was included in the contract, and they are breaching the terms of the warranty. (Read the warranty terms carefully to make sure of this.)


    Since Amex are not mobile phone experts, they may ask you to provide an 'expert's report' on the phone, to confirm what you say. They will also ask the mobile phone co for their side of the story.

    They will also ask for a copy of the warranty terms - if you are claiming a breach of those terms.
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