Section 75 claim

ak613

Hi,

I have a laptop that I bought on 30/10/18 for just under £1700 (I am an IT professional so the expense is justified) on my Halifax Clarity.

Since then a litany of issues with it have appeared one of which was a problem with the battery which dell replaced last monday but the new battery is still problematic.

I have spoken to dell to get a refund and it feels like they will fob me off and give me grief (they have already tried to say I am ineligible for a refund as it is over 30 days since I bought the product and after I quoted the consumer rights act to them about faulty goods they put me on hold for ages and came back and said that since I had refused troubleshooting (I hadn't refused at all) they have to refer me to a different department who will call me back some time this week to discuss the matter further. This feels like classic evasive tactics.

To save myself time I looked it up and I can make a Section 75 claim concurrently with the refund request to dell.

I have never done it before, but if I make a claim under section 75 (or maybe chargeback would be better?) how does the process work?

Specifically:

1. what sort of things will Halifax want from me to process the claim
2. if halifax give me the money, what do I have to do going forward with Dell, i.e. do I have to be proactive about returning the laptop (and who do I return it to - CC company or dell), does the laptop still technically belong to me, or do I stick it in a drawer and wait for someone to arrange collection?

Thanks for giving your time in reading this.

Regards,
ak613

Terry_Towelling

For a S75 claim to work you need to provide evidence that the supplier is in breach of contract or has misrepresented something and (I believe - but am not sure) that the item was purchased for personal use rather than business use. Perhaps you fall foul of that requirement.

For a Chargeback to work (presumably on the basis that the goods are faulty and that those faults were inherent at the time of delivery) you would need to try and resolve the matter with the retailer, tender return of the goods to the retailer (It's a MasterCard I believe) and ask for a repair/replacement or refund but not receive same.

Whether your desire for a refund trumps the retailer's desire to repair or replace, I am not sure.

My usual caveat on the Chargeback guidance is that my knowledge is quite old. There are others on the forum with more up-to-date knowledge who will confirm or deny my words.

dj1471

You need to be clear on why you purchased the laptop. Was it for personal or business use?

If you purchased for personal use then the Consumer Rights Act says that the initial 30 day period in which you can reject the goods is paused when they are being repaired:
http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

Given that, if you're still within 30 days then you have the right to reject.

Section 75 would be possible if you purchased as an individual or a sole trader, but it doesn't give you any additional rights beyond what you have against Dell.

ak613

Definitely for personal use

eco_warrior

As long as the invoice is in your name and not your company/business name then it being used for work isn’t a problem for a s75 claim, just don’t bring it up.

The merchant has already had a chance to resolve the battery issue but if you are saying it’s not worked then you can now raise a claim with your card provider.

For either a chargeback or s75 claim you will need to (at some point) provide evidence of the faults with the laptop in the form of an independent expert report.

From what you’ve said the card provider should proceed with a claim imo. Most likely a chargeback as the purchase was within the last 120 days and this costs the bank £0.

eco_warrior

Meant to add

With a chargeback the goods generally go back to the merchant (or are at least offered back).

With a s75 claim the bank/card provider will advise what happens to them but they don’t go back to the Merchant as the bank is refunding you. Banks will offer auction off the goods or even have them donated to charity etc.

ak613

thanks for the reply.

How do I obtain an independent expert report? i.e. what is typically considered valid evidence for consumer electronics like a laptop?

Nasqueron

eco_warrior wrote: »

The merchant has already had a chance to resolve the battery issue but if you are saying it’s not worked then you can now raise a claim with your card provider.

OP says the tech team will ring him back this week to talk about it. They have not had a chance to resolve the general problems, all they have done is swapped the battery which isn't the issue it seems.

ak613

Nasqueron wrote: »

OP says the tech team will ring him back this week to talk about it. They have not had a chance to resolve the general problems, all they have done is swapped the battery which isn't the issue it seems.

The battery issue is still present in the new battery. Another issue is a problem with the fan making a loud buzzing sound which I have raised a support request about previously but which they decided not to make any sort of intervention. There are a few other issues but the main one is that the laptop cannot be put to sleep (a very basic function that all laptops have supported for over 2 decades) and which is not a problem with my specific laptop but which I have discovered is a problem for all laptops of the same model.

eco_warrior

One failed attempt to resolve is enough for a chargeback to kick in but there seems to be multiple issues with this one.

In terms of an expert you’d really just be looking to take it to a person/shop that either sells or repairs computers, something along those lines.

They would need to verify what’s wrong with the laptop and confirm it was a manufacturing fault or at least something you hadn’t caused.

eco_warrior

But speak to your card provider first before anything else