Faulty BT product purchased in Mothercare

ghawkes89

In June 2019 I purchased a BT Baby Monitor from Mothercare. This became faulty (the sound didn’t work properly) a couple of weeks after Mothercare went into administration and closed. I contacted BT and they explained that a company was dealing with faulty Mothercare purchases on behalf of Mothercare. I had to send the faulty monitor (at my own cost) to this company and they sent me a replacement. The replacement has now become faulty with the same problem. I have called BT and they are contacting the other company and will get back to me but they’ve already said I won’t be able to get a refund. What are my rights here? I know that my contract is with the retailer not the manufacturer, but what happens when the retailer no longer exists? Do I just lose out? I don’t really want a third baby monitor considering the other two aren’t fit for purpose, but I also don’t want to push for a refund if I’m not legally entitled to one. Does the manufacturer have any responsibility here or is it solely down to the company acting on behalf of Mothercare? 

Many thanks for reading! 

DoaM

How much was it?
How did you pay?

Your consumer rights are with/against the seller, or their administrative contact. If the cost was £100+ and you paid by credit card then you can raise a Section 75 claim against the CC company, as the CC company are jointly and severally liable for the performance of the contract.

davidmcn

ghawkes89 said:

 what happens when the retailer no longer exists? Do I just lose out?  

Essentially yes. In theory you'd be an ordinary creditor in the administration (if you're within time to claim) but I doubt that would get you more than a tiny fraction of what you're due. The manufacturer doesn't owe you anything so you'll just have to persevere with whatever they're offering in the way of a replacement.

As above though, possibly a claim via your credit card company though if that's how you paid.

mattyprice4004

You're not entitled to a refund; when the retailer goes bust you have no entitlement to a refund or repair - so I'd consider your previous replacement a good deal, and either buy another or take another replacement or repair.