Credit Card Protection

mercyless

A washing maching was purchased with my credit card as wedding present. Unfortunately the recipient did not open the packaging until ove a year later, yes i know who does that. Anyway the washine was damaged beyond use but yet the packaging was not damaged at all. It was past the years warranty so we went to the credit card company to avail of the protection offered.
The credit card company refused to offer protection because it was purchased under my wifes online account of the company it was purchased from. They stated :
'under the terms of the Act, there also has to be a ‘debtor-creditor-supplier’ agreement. In other words there must be a relationship between the Customer (the debtor), the bank (the creditor) and the supplier. In this case, the contract for the appliance is between _(MY WIFE)_____ and _(Company)___. As the purchase contract does not name the Debtor, Mr __(Me)____ we are unable to establish a ‘debtor-creditor-supplier’ link and such we are unable to progress your claim.
I paid for it with my credit card, it was delivered to my address for me, but yet because my wifes name was on the online recipt the credit card company wont offer the protection.
Can this be right ??

eskbanker

Yes, it's right - as far as the formalities are concerned, the purchase was made by your wife, but by using your card this does indeed fail to establish the debtor-creditor-supplier chain necessary to claim under Section 75.

eco_warrior

It’s the correct decision as the contract wasn’t In your name. But even had you purchased it yourself the fact it was opened a year after purchase would also have cause the bank to say no. Damaged good need to be reported much sooner.l if not immediately.

agrinnall

What have to company that the machine was purchased from had to say? It would never have been a warranty claim anyway, as it had never been used, but it could have been a Consumer Rights Act claim. However, the delay in finding the damage may mean that the seller could successfully defend any such claim.