Section 75 help.

daisyrose

I am claiming for a faulty mobile phone.My cc provider have asked for an independent report on letterhead. I have been to 8 or 9 phone repair shops but none have been able to help.
One large phone shop advised me that I have to contact Motorola direct with faults and that only Motorola will repair their phones.I was told this is industry wide. The helpful assistant wrote this out for me so that I could send it to my cc provider which I did. At first the cc company could not advise me where to take the phone because the report has to be independent. After I sent the information about Motorola repairs they recommended a walk in phone repairer where I live that they must have found on the internet. after looking this company up I find they are no where near me and I couldn't find anything much on them. I phoned for a chat and decided to fill in the online form. The reply was with a different name and then I found the reviews. All I can say is that I won't be sending the phone to them.
My cc company have told me in several occasions they can't help without the report which I am happy to get if I can.
Has anyone else had this problem? Can any one advise me please.
Thank you in advance.

eskbanker

I can't help with locating a phone repairer or independent expert, but if you're looking for s75 assistance, you need to be demonstrating misrepresentation or breach of contract by the merchant from whom you bought the phone - what have they said, or are they no longer in business?

Craig1981

apart from playing a guessing game on age, purchase, fault, retailer costs etc, have you spoken to motorolla direct?

usually they will accept the phone and give you a diagnostic before repairing - it may only cost you postage

also, if it is a moto and in guarantee (or shortly out of it) they my actually repair it themselves anyway...

eddddy

As eskbanker says, section 75 isn't any kind of warranty or guarantee, it just makes the CC company jointly liable for breach of contract (or misrepresentation).

So you need to be clear about how the contract was breached, and provide sufficient evidence of the breach.


There are statutory implied contract terms that goods must be of satisfactory quality and fit for purpose. Perhaps those are the terms that you think were breached.

One way of demonstrating that is by getting a professional/expert opinion (report) that says that the phone is not satisfactory quality and/or fit for purpose.

PRAISETHESUN

Banks usually don't like to get involved in section 75 claims unless they absolutely have to, so I can understand why they are being difficult. That said, as has been mentioned section 75 is not an excuse to deal with your lender instead of dealing with the merchant - so you need to make an effort to try talking to them if you haven't already.

I'm assuming this is a new phone so surely you should be able to get a replacement under your other consumer rights - or surely under the manufacturer's warranty. Otherwise if you bought it second hand, double check that it was accurately described - you'd be surprised how often faulty items are sold "as is" leaving the onus entirely on the buyer to ensure they are fit for purpose before buying.

eskbanker

PRAISETHESUN wrote: »

Banks usually don't like to get involved in section 75 claims unless they absolutely have to, so I can understand why they are being difficult.

There's no evidence that they're being difficult - they aren't experts in phones (in exactly the same way they're not experts in second-hand cars, double glazing, etc) so in the event of a customer seeking to hold them liable for a problem it's not unreasonable for the card company to insist on an independent expert report (the cost of which can be included within the claim).

daisyrose

Thank you for your replies. The phone was new and the fault was there when purchased but I thought it was a reception problem and didn't think of complaining until the fault got worse and in different parts of the country. After 9 months of complaining,over 100 emails to them, on their request two reboots. Four new sim cards from two different networks and one repair under warranty it wasn't fixed so I requested a refund. They then started to ignore my calls so I sent a recorded letter. Two weeks after they had signed for the letter they emailed to say they had just received it.Again I asked for a refund and have not had any reply since. The guarantee then ran out. I have a phone that has never worked as it should. It was a new phone bought direct from the manufacturer through Top Cash Back (Cash back never received although it was chased).
I tried the Ombundsman first but they couldn't help I really didn't want to go through section 75 but as the guarantee is out I didn't know what to do next. I'm really interested if there is another option. I know I need the report on the phone so I will keep looking for a recommended repairer.

MEM62

In order to make a Section 75 claim the onus is on you to prove that the fault existed. (As the issue has a long history I guess you also want to establish that the fault has been there from day 1) If there are no independent technicians that can produce this report for you then your claim will fail at the outset.

Whilst I appreciate that this is frustrating on the basis that it is seemingly unobtainable, it is not unreasonable of the bank to ask for this evidence.

How much was the phone when new? You find that a claim is not worthwhile anyway. Once you take away the cost of the independent assessment, your time and effort and the amount that Motorola will no doubt try to knock off for the use that you have had out of the handset.

Perhaps it's time to just walk away and stay clear of the band in future.

daisyrose

I totally agree that a report should be provided and have no issue with that. The phone was £130 which I know is not a lot for a phone but I always go to what I think is a well known and safe supplier. I have since read many reviews about the same thing happening to others who purchased from Motorola. In the back of my mind I have always had a feeling I would have to let it go. It is sad that consumer rights are there to protect people but big companies can rip people off with faulty goods. Thank you all for your thoughts, mine is buyer beware!