RBS credit card and section 75

hazelwoods

I bought an iMac at Currys on Thursday. It was display model. They reset to factory settings and "wrapped it" in bubble wrap. The manager carried out to my car. 

When I got home I had to carry it indoors with difficulty. I must have bumped something on the way in. When I set it up on Saturday I discovered the edge was chipped and a crack across screen. I'm assuming I damaged it but it was only wrapped flimsily. I should have noticed, I know

I contacted Currys who wouldn't take responsibility for poor wrapping. I admitted I probably damaged it but it wasn't wrapped well, so partly their responsibility.

I contacted RBS when I discovered the damage and was advised to contact the disputes dept on Monday morning. I've had several phone calls today to sort this out. They initially treated it as a dispute over payment, which it isn't.

They now say that they do not have cover for damage to goods bought on their card. (I know I'm not explaining this well, it's been a confusing couple of hours)

I was under the impression that under section 75 of Consumer Credit Law my credit card company are responsible if the goods are damaged by the purchaser in transit. I vividly remember the Barclaycard advert of Rowan Atkinson at a wedding and kneeling on his gift and breaking it. But if he'd bought it on his credit card he'd have been covered for accidental damage.

What's my next step and how do I solve this problem?

[Deleted User]

You don't have any claim under section 75, as neither the retailer nor the card company are responsible for the damage. 

The two ways to solve the problem are to either get it repaired or, if not cost effective, buy another.  If you buy the same model, keep the old one for parts.

samscot

Yes! it does not seem to be yielding to go for proceeding under section 75. 

eskbanker

hazelwoods said:

I was under the impression that under section 75 of Consumer Credit Law my credit card company are responsible if the goods are damaged by the purchaser in transit. I vividly remember the Barclaycard advert of Rowan Atkinson at a wedding and kneeling on his gift and breaking it. But if he'd bought it on his credit card he'd have been covered for accidental damage.

Section 75 of the Consumer Credit Act 1974 holds the credit provider equally as liable as the merchant for breach of contract or misrepresentation, so that's the bar you'd have to clear if you expected RBS to intervene here.

S75 has nothing to do with insurance against accidental damage, so if you're hoping for such cover then you'll have to locate reference to it in the Ts & Cs of the card concerned.

hazelwoods

Thank you.

The iMac was very poorly wrapped. If I'd carried it to the car I'd probably have realised that. I asked about the box when I bought it and was told there wasn't one but it would be suitably wrapped. Had it been wrapped in a suitable manner for an item of that cost/value it wouldn't have been damaged.

I should have asked for it to be better padded. I should have insisted on a box. For the amount they took off because it was a display model I should just have said "No I'll have a new one." But I didn't. I was stupid.

I now need to find a solution to this.

Sandtree

Did you not check that is was secure in your vehicle etc and spot the limited protection at that point?

Some credit cards do offer a form of limited accidental damage cover above and beyond S75 protection, it sounds like they thought that was what you were after and they've confirmed that is not a part of your product.

Have you had a quote for repairing it? I know with my old iMac the outer screen was just a sheet of some type of glass/plastic that was held on by magnets and could be pulled off and replaced easily using some form of suction cup

eskbanker

hazelwoods said:

I now need to find a solution to this.

zx81 has already highlighted the available practical solutions (i.e. repair or replace), but if you're referring to cost then the only other aspect that I can think of that hasn't been mentioned yet is whether or not your home insurance has any cover for accidental damage.

born_again

Home insurance might be the best/only option.

MEM62

hazelwoods said:

For the amount they took off because it was a display model I should just have said "No I'll have a new one." But I didn't. I was stupid.

Stupid?  No, of course not.  Just a little clumsy perhaps.  Whilst it is difficult for you to accept, Currys really do not have any liability here.   

[Deleted User]

Currys could have wrapped it in 100 layers of bubble wrap and if you dropped it on the way home the screen could still have broken. They have no liability for your accident, home insurance would be your best bet, RBS will not do a S75 for this as Currys are not at fault

Terry_Towelling

I remember those Barclaycard adverts with Rowan Atkinson - they were good ('we are both fluent Bough; sadly in different languages'), but nothing to do with S75.  There is no breach of contract here - home contents insurance (as suggested).