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section 75 - can I claim?
Tara...
Posts: 1 Newbie
I had a new boiler installed 2 1/2 years ago..it is now out of warranty but I have had many replacement parts since it was installed and there are still problems. Can I make a claim to my credit card to get my money back and all the extra costs incurred since?
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Comments
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There's nothing to stop you making a claim but whether or not it'll actually succeed is far harder to determine!
S75 holds the card company equally as liable as the merchant in cases of misrepresentation or breach of contract, but in order to hold either of them liable you'd need to consider which parts you've had, how much you paid for them and whether they should have been covered by warranty (when applicable) or whether they signify a product that's essentially not fit for purpose.
These are rarely black and white issues and clearly a card company aren't experts on boilers so you may need to get an independent expert report to support your case that the boiler was flawed when sold - has the merchant essentially washed their hands of the issues?0 -
Section 75 ? doubtful, speak to trading standards a boiler might be expected to last 2.5 years despite the warranty the supplier might still have to put it right.0
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I had a new boiler installed 2 1/2 years ago..it is now out of warranty but I have had many replacement parts since it was installed and there are still problems. Can I make a claim to my credit card to get my money back and all the extra costs incurred since?
Where do you believe that there has been a breach of contract?0 -
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chattychappy wrote: »Presumably a breach of the implied term that the goods must be of "satisfactory quality". Ie there was something wrong with it because the OP kept on having to repair it and it's still not right.
Could well be but there is not enough info to determine that - hence my question. The circumstances will dictate whether there is a way forward and what that may be.0 -
Could well be but there is not enough info to determine that - hence my question. The circumstances will dictate whether there is a way forward and what that may be.
Indeed. And as with all these cases, there is the issue of evidence.
To answer one part of the OP's question, given there has been some valuable usage, a full refund of the purchase price and subsequent expense would be difficult to justify.0 -
Section 75 ? doubtful, speak to trading standards a boiler might be expected to last 2.5 years despite the warranty the supplier might still have to put it right.
Trading Standards do not deal with individual cases. If OP wants advice they need to call the CAB Consumer Line on 03454 04 05 06.0
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