Section 75 claim Help - Faulty Kitchen

canadel1983

I am looking for advice about the way to proceed with a Section 75 Claim.
In a nutshell we bought a Wren kitchen on finance. Deposit on my CC, finance deal in my husband’s name with Barclays Finance. Since its been fitted we have had to have the worktops replaced twice, a new tap and now the whole thing has to be replaced as the paint on the doors is warping. Here is the kicker: the colour we have is no longer available. We have had to pick a new colour as Wren have (in email) accepted that the kitchen is faulty.
I am half way through paying for it and I’m not at all happy that I cant have the colour we originally had. I think they are in breach of contract on the bases that I am now paying for something different to what I purchased.
Here are my questions:
- Do I challenge this with the credit card company who I paid the deposit with, the loan company or both?
- Do I wait until the new kitchen is in or can I start the process now?

Many thanks in advance

[Deleted User]

You should pursue the claim with whichever form of finance matches up to the name on the order.

However, try to resolve it with Wren in the first instance, for speed and ease.

DoaM

What are you looking for? If Wren are unable to supply the original colour, and you have agreed on a different colour, then it could seem that acceptance of the remedy has been reached. So what would you be claiming?

To the general question asked (assuming you had a claim), you could claim against any and all of the parties to the contract .. Wren, CC provider and loan provider - the latter 2 under Section 75. (It's not an either/or ... in the case of a joint S75 claim then they'd likely agree a proportional payment between them).

canadel1983

to be honest im not really sure what i want, other than the product i paid for which no longer exists!!

The only option i have been given so far is to pick a different colour. The colour options i have are 'alright' but not what i want so im not sure what options i have?

DoaM

You may be entitled to cancel the contract due to their breach, whereby Wren would have to remove everything they've supplied. Technically they'd also have to reinstate your old kitchen (to put you back into the same position as if the contract had never existed) but that's likely impractical.

I'd suggest that the best compromise would be to choose an alternative colour and seek a goodwill gesture for the inconvenience.