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Section 75 cover question
Comments
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MrMrMr - does this 'item' not have at least a 12 month warranty?
Have you tried claiming under this first??0 -
Cool vague OP0
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That's not correct.
Section 75 makes the CC company and retailer jointly liable for a breach of contract.
If there is a breach of contract, you can choose whether to persue the CC company, the retailer or both.
Whichever way you go, the big challenge will be proving breach of contract.
The breach might be that the washing machine is not of satisfactory quality - or the breach might be of the terms of the warranty.
That's a red herring. Your claim is against the retailer for breach of contract - not the manufacturer.
If the merchant will resolve the issue there is no breach surely?0 -
Section 75 applies to the retailer and not the manufacturer. If you buy direct from a manufacturer then that manufacturer is the retailer.
Section 75 applies where the payment is direct and uninterrupted. If you pay with a credit card that payment is direct but if you pay through a service such as PalPal the payment is interrupted and section 75 doesn't apply: i.e. the money is taken from your credit card and deposited into your PayPal account and the balance of your PayPal account is used to pay the retailer. However PayPal provides their own in-house guarantee.
A time limit also applies as stated in previous posts.
I would argue PayPal transactions are covered as long as there is DCS. Most PayPal transactions will have have a link in my experience unless it’s a single seller0 -
Well I've been back and forwards for nearly 3 weeks now between the manufacturer and the retailer.
The retailer has phoned the manufacturer and asked what was needed. An email with footer on forwarded via me. Did this, same reply...
It's ridiculous this, retailer saying after 6 months it's manufacturer and the manufacturer staying need reason why from retailer!?!?
Fair to say won't be using either again after this, bit I'm still no where and actually have lost some warranty time as well if it ever gets sorted.
I've pleaded with the manufacturer direct to solve it with me and then take up with manufacturer as they are big company but won't.0
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