s75 claim

WFTP

Good evening,
I'm looking for a bit of guidance if possible. 
I purchased a phone from a company just over 2 years ago and it has now developed a fault with the motherboard. I have contacted the manufacturer and they have said the phone wasnt a UK model (unknown to me) and therefore won't be able to assist with paid for repairs (as apparently parts will be different), and it would need to go back to the seller - issue being, they dont exist any more.

I made the purchase via my credit card, due to seeing Martin Lewis' advice about purchases over £100

Where would I stand on a s75 claim?  Would this be too late? Slightly concerned as this wasnt a cheap purchase (just over £800) and worried if mobiles are deemed "replaceable tech" due to the rate some people upgrade. Has anyone had success with similar items?

Thanks in advance. 

eddddy

S75 makes the credit card company jointly liable for breach of contract (or misrepresentation) - assuming you paid the seller direct, and not via paypal or another intermediary.

The Consumer Rights Act adds implied terms to a contract - that the goods are 'satisfactory quality', 'fit for purpose' and 'as described'.

So, for example, if the seller described the phone as a UK Model - it's not as described, so that might be a breach of contract.  But the credit card company would probably want to see the document where the seller said it was a UK model, and the letter from the manufacturer saying it's not.

Or maybe you could make a claim on the basis that it's not 'satisfactory quality'. But again, you'd probably need an expert's report stating that the phone was faulty when you bought it.

kaMelo

Six months is the usual cut off point unsatisfactory quality when purchased is assumed, after six months the onus is on you to prove it was not of satisfactory quality when purchased. Again you'd have to prove misrepresentation.
But the bottom line for me is that it's over two years old and out of warranty wherever the phone originated from.
 S75 is many things but it's not a warranty, that's what phone insurance is for.

WFTP

Thanks for the responses. I am new to all this and was looking at my options, as I've never been in this situation.

As the Sales of Goods Act (SOGA) states that goods must last "a reasonable period" up to 6 yrs, would this be relevant? I know if someone purchased a TV at a similar figure, you'd expect it to last more than 2 years, but how long would one expect the lifespan of a phone to be? So if the retailer isn't around any more and therefore I cannot exercise my SOGA rights, would this the fall to the credit provider (Lloyds in this instance).

Sorry for all the questions, but I'm trying to get my head around this all.

Life__Goes__On

IMO as it's over 2 years old, you would need an expert to look at it, to see how the mobo is put together and find the reason it failed.

eddddy

WFTP said:

As the Sales of Goods Act (SOGA) states that goods must last "a reasonable period" up to 6 yrs, would this be relevant? I know if someone purchased a TV at a similar figure, you'd expect it to last more than 2 years, but how long would one expect the lifespan of a phone to be? So if the retailer isn't around any more and therefore I cannot exercise my SOGA rights, would this the fall to the credit provider (Lloyds in this instance).

The Sale of Goods Act was replaced by the Consumer Rights Act. The Consumer Rights Act came into force on 1 October 2015.

As I mentioned in the post above, the Consumer Rights Act requires that goods are of "satisfactory quality" and not faulty when they are supplied. So the credit card company will probably ask you for an expert report that says the phone was not of satisfactory quality (i.e. it was faulty) when it was supplied.

born_again

You could try, but you would be asked to supply a report of the issue & your attempts to resolve.
Who was it purchased from? and via it via say PayPal or Amazon?