Manufacturer guarantee when company goes bust

eddddy

craigpyne wrote: »

The tank has since developed a major fault. The manufacturer offers a 2 year guarantee on all products.

As others say, if you can find proof that you paid by credit card, you might have a claim against the credit card company (under section 75).

You don't have any claim against the manufacturer - but they might voluntarily agree to do something for you.

(You might argue that the manufacturer has a moral duty to do something, assuming that the pet shop paid them before going out of business - but no legal duty.)

To claim from the CC company, you will almost certainly have to find the written terms of the guarantee - and show that the crack is a valid guarantee claim...

... or make a claim on the basis that the tank wasn't of satisfactory quality.

KeithP

craigpyne wrote: »

My company only goes back 12 months; so they can charge for the privilege of going further back. I am not 100% sure that I used my credit card, although I can't find the transaction on any other card.

Also not wanting to pay anything on the chance that a. it wasn't that card that was used and b. where I stand with the manufacturer even if I have proof of purchase

Oh, I wasn't suggesting that a CC statement would help with the manufacturer.

You will have read in that article that Section 75 of The Consumer Credit Act makes the CC co jointly liable with the seller for performance of the contract.

This means that if you have a valid claim against the seller, as you will have if the problem is due to an inherent fault, then you can seek a remedy from the card issuer instead.
As the seller no longer exists, that seems to be your only option.

unholyangel

eddddy wrote: »

As others say, if you can find proof that you paid by credit card, you might have a claim against the credit card company (under section 75).

You don't have any claim against the manufacturer - but they might voluntarily agree to do something for you.

(You might argue that the manufacturer has a moral duty to do something, assuming that the pet shop paid them before going out of business - but no legal duty.)

To claim from the CC company, you will almost certainly have to find the written terms of the guarantee - and show that the crack is a valid guarantee claim...

... or make a claim on the basis that the tank wasn't of satisfactory quality.

This is incorrect.

While manufacturers (or retailers for that matter) don't have to offer a warranty, if they do offer such a warranty then it is binding on them and they do have a legal duty to provide it.

craigpyne

Thanks everyone for their input and methods to resolve this issue.
I would like to add that I found this as part of the Consumer Rights Act 2015

"where the manufacturer offers a guarantee, that is in addition to the statutory rights with the trader. The consumer can choose whether to pursue the trader or the manufacturer and neither may refuse the consumer his rights and direct him to the other party"

With the manufacturer constantly pushing me back to retailer they are breaching this act.

lincroft1710

The manufacturer is only obliged to do something if a) the problem occurred within the guarantee/warranty period and b) if the nature of the problem is covered by the guarantee/warranty.

Unfortunately you are at present unable to provide proof of either of these.

LilElvis

Is it a Juwel tank by any chance, as the warranty terms sound the same?

Added complication is that they are a German company who, to my knowledge, have no presence in this country other than through resellers.

shaun_from_Africa

craigpyne wrote: »

I would like to add that I found this as part of the Consumer Rights Act 2015

"where the manufacturer offers a guarantee, that is in addition to the statutory rights with the trader. The consumer can choose whether to pursue the trader or the manufacturer and neither may refuse the consumer his rights and direct him to the other party"

Have you got any documentation as to exactly what the manufacturers warranty covers and how you go about claiming?

As already mentioned, one of the terms of that warranty may state that any claims have to go through the supplying retailer as the manufacturer may not be set up to deal directly with consumers.

KeithP

craigpyne wrote: »

Thanks everyone for their input and methods to resolve this issue.
I would like to add that I found this as part of the Consumer Rights Act 2015

"where the manufacturer offers a guarantee, that is in addition to the statutory rights with the trader. The consumer can choose whether to pursue the trader or the manufacturer and neither may refuse the consumer his rights and direct him to the other party"

With the manufacturer constantly pushing me back to retailer they are breaching this act.

That is not 'part of The Consumer Rights Act 2015'.