Section 75 claim

whitepaper

eco_warrior wrote: »

Why did you say its nothing to do with Credit Cards when the customer is asking about a Section 75 claim?


And why aren't you sure why the OP is going to his credit card provider when he has already tried to resolve with the merchant and they have said they wont help?

Perhaps if you read my post #4 .... very carefully... you will understand.

I'm not sure how I can make it any clearer for you. But then the post was not intended to help you; it was in response to the OP, hence why I quoted the OP.

You'll get the gist of forums... eventually. (fingers crossed)

Katykat

The credit card company has told us that they would reimburse our money under section 75 if it is proved that the goods are faulty as it cost over £100. I have provided detailed photos of the faults but I suspect that we will have to bite the bullet and get a report.

eco_warrior

whitepaper wrote: »

Perhaps if you read my post #4 .... very carefully... you will understand.

I'm not sure how I can make it any clearer for you. But then the post was not intended to help you; it was in response to the OP, hence why I quoted the OP.

You'll get the gist of forums... eventually. (fingers crossed)

Id suggest your post is of no help at all. And that's after carefully reading it.

eco_warrior

Katykat wrote: »

The credit card company has told us that they would reimburse our money under section 75 if it is proved that the goods are faulty as it cost over £100. I have provided detailed photos of the faults but I suspect that we will have to bite the bullet and get a report.

As mentioned above if the report helps substantiate your claim and the CC pay out then the cost of the report can be added. Best of luck.

whitepaper

Katykat wrote: »

The credit card company has told us that they would reimburse our money under section 75 if it is proved that the goods are faulty as it cost over £100. I have provided detailed photos of the faults but I suspect that we will have to bite the bullet and get a report.

As you have been informed by the credit card company, you have to prove it (and they informed you how to go about attempting to prove it)

The retailer has already indicated they intend to contest your claim .... although that may be reviewed in light of any expert evidence you obtain and presumably would seek to rely upon to prove your claim ... in line with the content of the post I made as early as post#4

whitepaper

I see since starting this thread, you have subsquently also posted about this on the Praises, Vents and Warnings board.

https://forums.moneysavingexpert.com/discussion/6007909/dreams-living-outdoors

I fully agree with the advice given there in post#2
(that is not to diminish in any way the advice given in post#3)

What protection did the frame come with (paint, chrome, galvanised, etc?)
Why can this rust not be repaired, even if it is on the whole set (sofas, chairs & stool)? :huh:
I too suspect it is not severe enough to be unsafe, so it sounds just aesthetic

Feel free to post the pictures you have taken here.

Terry_Towelling

Because we don't know what the rust looks like, whether it's rusting from the inside out, or via user-created nicks and scratches, or through poor finishing in the first place, it's hard for anyone here to provide any real reassurance as to whether your claim will be upheld.

However, S75 does say that if you have a claim against a supplier for breach of contract or misrepresentation, you will have a like claim against the creditor. If the supplier chooses to palm you off, you can take him to court or you can pursue the creditor and, being a responsible lender, they will take your claim seriously and, if they agree it is correct, you should get some satisfaction without having to expend too much effort.

If they refuse your claim, you then have the choice of whether to take the supplier or creditor or both to court, or back down and repair them yourself.

Having repaired many an old rusting car in my time, I can say, it isn't that difficult to remove a bit of rust and refinish an item but the repair will not last forever.

Sorry, Whitepaper, but I'm not entirely sure what point you are trying to make regarding S75. For sure, the credit card company's ability to sit in judgement over the supplier may depend on the contractual relationship they hold with said supplier (if they hold one at all) but that is not the point. The point is, if you approach a card company with a potential S75 claim against a supplier, that card company will look at your claim objectively and if they agree with you, they will look to satisfy your claim and no one will go anywhere near an expensive court process.

As for what happens with the 'loss' after a credit card company has agreed and paid a claim, that is of no concern to us.

Nasqueron

whitepaper wrote: »

As you have been informed by the credit card company, you have to prove it (and they informed you how to go about attempting to prove it)

The retailer has already indicated they intend to contest your claim .... although that may be reviewed in light of any expert evidence you obtain and presumably would seek to rely upon to prove your claim ... in line with the content of the post I made as early as post#4

You honestly don't have a clue about S75 and CC or what the OP is asking about

S75 holds the CC company jointly and severally liable for problems. If the retailer refuses to play ball, the CC company can be held liable via S75 for the costs and they will pay out and pursue the retailer if they wish. The cost of the report mentioned can also be claimed back. The OP doesn't need the CC to act as judge and jury, just show a breach of contract and the S75 law will force the CC company to pay them the money back.

I'd suggest you read up on the S75 section of the MSE site to understand why you're wrong. This example is a good starter.

chattychappy

CCs have invented their own procedures for handling S75 claims. When a cardholder claims goods are faulty, it's standard practice for CCs to demand a report. If you pursue the claim via the CC then you must follow their procedures or they won't pay out. If they accept your claim then they should cover the cost of the report.

The practical reality of S75 is that many consumers will give up and CCs know this. It's not in their interests to make things easy or be pro-active. Exactly how does one go about getting an independent expert report on garden furniture....?

S75 is statute. If you don't like the hoops the CCs are making you jump through, you are always free to sue. You will have to pay a court fee (which you get back if you win) and it will ultimately be for the court and not the CC to decide what type of evidence is required or not required in order to prove a claim. Photos with a witness statement may well be enough as far as a judge in small claims is concerned. A judge will look at what you've brought to court (perhaps even a chair!!) and/or listen to your story. He/she will decide whether its more likely than not that you have proven your case. Unless the CC has any sensible rebuttal, you are likely to win. Judges can be amazingly down-to-earth. In fact, the CC may not even bother turning up or settle in advance.

Katykat

Chattychappy, if we pursuer it through the small claims court, it wouldn’t be the CC company we would be claiming against, it would be the supplier. We only tried the CC because we were hesitant about bringing a court case, but I suspect this is what we will end up doing.