Section 75

LOUBS

Hi there,

Any advice would be greatfuly received

Back in November my parents purchased a two seater settee and two rise and recline chairs from a local retailer.

They have had nothing but problems with them especially the chairs, they both creak horrendously when reclining, the waterfall head rest are crooked.

The retailer will not respond, my father has gone done to the store countless times and they continue to ignore his requests

He paid on his Nationwide Credit card so he started a section 75 claim
To be honest Natinwide have been not very helpful and their communication is just as poor

They keep asking for an independent report on the faulty goods
We had this done as I managed to find an email address for the Manufacture and they sent out an engineer

His face said it all to be honest although he was unable to give my Dad the report as he said this would be sent to the retailer and yes! Off my Dad goes to get the report and again retailer continues to ignore him

The manufacturer has not replied to our requestfor the report.
I know are contract is with the retailer but this is just getting ridiculous and I am getting to the point where I am going to stand outside this shop with the video of the faulty chairs and advise potential customers do not enter this store if you want to purchase faulty goods and receive non existent customer service

So back to Nationwide, my Dad keeps telling them that he has requested the independent report but the retailer continues to ignore him.

It so upsetting for them as they thought they'd treat themselves after having the old suite for over 10 years and these new chairs we're hopefully going to assist Mum because of her disabilities ( I loathe to use the disabled umbrella)
So, what to do now?


Just feel like we are banging our heads against a brick wall

Many thanks for reading this

[Deleted User]

LOUBS wrote: »

They keep asking for an independent report on the faulty goods
We had this done as I managed to find an email address for the Manufacture and they sent out an engineer

His face said it all to be honest although he was unable to give my Dad the report

It's the contents of the report which will be taken into account, rather than any pictures of the engineer's face.

Why was it sent to the retailer, rather than Nationwide who appear to have requested it?

PeacefulWaters

In what way is that report "independent"?

meer53

I agree, that report isn't independant so you'll need another one.

chattychappy

S75 makes the CC jointly liable for breach of contract (or misrepresentation). It is standard practice for CCs to demand an independent report, but there is nothing in S75 to require this.

I expect the "independent report" demand works well for CCs, because at this point many people just give up, even if their claims are well founded. S75 is onerous on CCs, we have the ludicrous situation where people can put as little as £1 onto a CC and be "covered" for an amount far in excess of that. Add to that, I'm sure many claims are totally spurious or "buyer should have known better" situations - eg buying fake goods from China (though chargeback might cover some of these). So I don't blame CCs.

Anyway, if the problems can be shown clearly by way of video or photos, then I would send this to Nationwide saying that you believe this is sufficient evidence of breach of contract. It is disproportionate to arrange an "expert's" report but offer them the chance to arrange an inspection if they still feel it necessary (they won't). Say you'll sue if they don't engage more positively.

Then sue both the CC and retailer (moneyclaim online). It then becomes for a judge to decide whether it is proportionate to get an expert witness. Judges are quite happy to look at photos/videos if it goes as far as a hearing. It will be your witness evidence plus the photos/videos against... nothing. For that reason, I would expect an offer from the CC once you've started the legal process.

PS as part of the legal process, you can demand they produce the manufacturer's report. Courts don't like people hiding reports.