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Problem with new builtin oven
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Our credit card company have said that their only responsibility is to refund us, if the seller refused, and they are NOT responsible for consequential losses,
Contact your card issuer again and inform them that according to the Financial Ombudsman, a section 75 claim does not only mean that they are liable for the purchase price of the goods but for all losses caused by the breach of contract.
https://www.financial-ombudsman.org.uk/files/2818/31.pdfSection 75 does not, in itself, provide grounds
for a claim against a supplier.
Customers must have a valid claim of breach of contract or
misrepresentation under other law, such as the
Sale of Goods Act or the Misrepresentation Act
If they do, then they have a like claim against the
card provider for the full amount of the claim.
The claim is not limited to the amount of the
credit card transaction. Customers can claim for
all losses caused by the breach of contract or
misrepresentation. And this applies even if all
they paid by credit card was the deposit.
It's an old link but that doesn't matter as the Consumer credit act is still pretty much the same as when that article was written.0 -
Thanks for updating us.0
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shaun_from_Africa wrote: »Contact your card issuer again and inform them that according to the Financial Ombudsman, a section 75 claim does not only mean that they are liable for the purchase price of the goods but for all losses caused by the breach of contract.
https://www.financial-ombudsman.org.uk/files/2818/31.pdf
It's an old link but that doesn't matter as the Consumer credit act is still pretty much the same as when that article was written.
Thanks Shaun, we did mention section75 but they were adamant it did not include damages caused by faulty goods. How can I convince them that the damage caused by the oven could be classed as a breach of contract or misrepresentation? The person my husband spoke to even discussed it with their manager. They said if the AO delivery drivers had for example scratched our front door or floor when delivering the oven, or if their fitter had damaged the cupboards when fitting (if they had fitted it) then they would have been able to help, but as the damage was done due to a fault with the oven itself, they had no responsibility.
Thank you for the link, I've had a look through it, but it only mentions breach of contract and misrepresentation, but nothing about consequential damaged by a faulty product
Im guessing that it would be very tenuous for me to say their contract with me was to sell a perfect oven, and they breached it by selling me a faulty one?0 -
Thank you for the link, I've had a look through it, but it only mentions breach of contract and misrepresentation, but nothing about consequential damaged by a faulty product
Im guessing that it would be very tenuous for me to say their contract with me was to sell a perfect oven, and they breached it by selling me a faulty one?
But it's not at all tenuous.
The contract of sale called for the sale and supply of an appliance and the Consumer rights act requires that is was in good working order and was expected to stay that way for a reasonable time.
It didn't, so that is the breach of contract.
This explains it:
https://www.money.co.uk/credit-cards/how-does-section-75-protect-your-credit-card-spending.htmClaiming for associated costs
Section 75 covers "consequential losses", as well as the cost of what you bought. This covers any costs caused by the problem with your purchase.
Why not contact the Financial Ombudsman directly and ask their advice:
https://help.financial-ombudsman.org.uk/help
or
0300 123 9 123
0800 023 4567.0 -
shaun_from_Africa wrote: »But it's not at all tenuous.
The contract of sale called for the sale and supply of an appliance and the Consumer rights act requires that is was in good working order and was expected to stay that way for a reasonable time.
It didn't, so that is the breach of contract.
This explains it:
https://www.money.co.uk/credit-cards/how-does-section-75-protect-your-credit-card-spending.htm
Why not contact the Financial Ombudsman directly and ask their advice:
https://help.financial-ombudsman.org.uk/help
or
0300 123 9 123
0800 023 4567.
Thank you so much for your patience Shaun, you really help to see things clearly, I feel like AO, the manufacturer and the credit card company have all been misleading then! I guess for the majority of cases, most people accept things and walk away. In my mind, I was thinking the only option would be the small claims court, but really didn't want the hassle of that, I would feel very out of my depth. I'm going to have a good look through your links and call the credit card people again, nothing to loose I guess!0 -
Well, eventually got through to the Credit card company again today, armed with all the right info and phrases..and didn't need any of it this time!
"an item you have bought has damaged your property, and you want to raise a section 75? Yes of course, we will take some details, raise a dispute with the company and contact you in 7 to 10 days"
Kind of took us by surprise, just shows you, sometimes just calling and speaking to someone else can lead to a very different result! Fingers crossed!0 -
Buy your next one from John Lewis.1
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Well, I can finally update for reference if anyone else searches for a similar problem. With perseverance (and I think thats what it takes, as all the businesses concerned have basically fobbed us off, hoping we just accepted their responses) it is all sorted. Going by the credit card raising a dispute was the last resort, and even then they tried to knock it back. But finally they agreed, we sent them a quote for the replacement door fronts, they agreed to pay, we got them ordered via a local supplier of the original kitchen. Thank goodness, after 10 years the rest of the doors had not faded, the new ones match and fit perfectly! Swapping them over was something my OH felt he could do and we have now received our refund via the credit card company for the damaged door fronts, and we are still totally happy with the 'replacement' oven we bought from Wickes (not John Lewis
after we got the refund for the broken oven. Thanks again for all the good advice!
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