Section 75 Advice

dannymagnus

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

[Deleted User]

Is it within warranty?

PRAISETHESUN

S75 doesn't act as an extended warranty or anything like that, it merely makes your CC provider jointly liable for anything the seller is also liable for. You would've agree to a warranty period of XX months when you purchased so if you're out of that period I suspect you'll need to fork out for the repair bills yourself unfortunately.

born_again

You need to get a independent report into the issue and then chase the retailer as per your consumer rights.

JEO

October 2019, we used our UK VISA credit card to buy flights from SLU-SVD on LIAT, the Caribbean airline, for April 2020. In March 2020, we had to cancel these flights as St Lucia would not allow Brits to enter because of COVID. LIAT offered us a one year credit and refused a refund. However, 20 July 20, LIAT went into administration and did not inform us.

Can anyone please advise where we stand in regard to a section 75 claim on our cc now that LIAT is in administration?

Many thanks

bigadaj

JEO said:

October 2019, we used our UK VISA credit card to buy flights from SLU-SVD on LIAT, the Caribbean airline, for April 2020. In March 2020, we had to cancel these flights as St Lucia would not allow Brits to enter because of COVID. LIAT offered us a one year credit and refused a refund. However, 20 July 20, LIAT went into administration and did not inform us.

Can anyone please advise where we stand in regard to a section 75 claim on our cc now that LIAT is in administration?

Many thanks

You'd be far better off starting your own thread. 
Did you accept the offer of the vouchers or did they simply issue them?
First thing to do is contact your cc provider and ask them to raise this as a s75 claim, however if you accepted vouchers then it may be that you are not covered. The fact you cancelled the flights, rather than the airline, might also work against you, have you tried travel insurance?

MEM62

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

Sandtree

MEM62 said:

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

Warranties are an irrelevance and S75 makes the credit provider jointly liable with the merchant. The consumer rights act 2015 gives you certain rights against the merchant (and therefore against a credit provider if S75 applies) which includes:

• As discribed
• Fit for purpose
• Satisfactory quality
  

It could be argued that an expensive iPhone that hasnt lasted even 2 years was not of satisfactory quality however as the item is over 6 months old it would be up to the OP to prove the issue (and that its not caused by missuse etc) rather than for the merchant or bank to disprove it.

The law of limitations effectively caps the CRA to a maximum of 6 years in England & Wales.

MEM62

Sandtree said:

MEM62 said:

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

Warranties are an irrelevance 

Sandtree said:

MEM62 said:

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

• It could be argued that an expensive iPhone that hasnt lasted even 2 years was not of satisfactory quality.

Good luck with arguing either of those points successfully.  It ain't gonna happen and the OP will get nowhere with an S75 claim.    

Sandtree

MEM62 said:

Sandtree said:

MEM62 said:

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

Warranties are an irrelevance 

Sandtree said:

MEM62 said:

dannymagnus said:

Hi,
Can I get some opinions please?
I bought a Iphone + contract from buymobiles.net in Dec 2018. The upfront payment I paid on my Amex and the contract monthly payment had to be via DD from my bank.
The phone has gone faulty, in that contactless and NFC no longer work.  It always seemed a bit intermittent, but now fails 100%.
Apple genius bar have given a report to say it is faulty hardware and no damage to device.
The upfront payment and receipt is from buymobiles, with the contract and monthly payments going to Vodafone.
The phone + contract is listed as a single item on the receipt. The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.
Can I claim section 75 here and if so does anyone know what the creditor/supplier should do to remedy?

iPhones, as far as I am aware, only have a one-year warranty.  Section 75 covers breech of contract and will certainly not cover this.      

• It could be argued that an expensive iPhone that hasnt lasted even 2 years was not of satisfactory quality.

Good luck with arguing either of those points successfully.  It ain't gonna happen and the OP will get nowhere with an S75 claim.    

Just did with John Lewis

eddddy

dannymagnus said:

I bought a Iphone + contract from buymobiles.net in Dec 2018.

The initial payment is over £100 and the sum total over the 24 months will be clearly way above that.

So the phone was bought with a 2 year contract, but hasn't lasted 2 years - and presumably it hasn't been misused.

Therefore, you could try the argument that, by definition, the phone isn't 'fit for purpose'.  Because there's an obvious implication that if you buy a phone with a 2 year contract, it's going to last at least that long.

There are a few reports around the web of people succeeding with that argument.