Can I claim under section 75

Okydoky25

born_again said:

Okydoky25 said:

born_again said:

As far as S75 goes yes, as they do not cover consumer rights, in the same way. It is just as I said, Breech of Contract or Misrepresentation. Your issue is proving a defect in the glass.
As to consumer rights, it would be for you to sue in court, Your issue is proving a defect in the glass. 

As the item was only 2 months old is the onus not on the company to prove there was no defect and not for me to prove there is? 

In your 1st post you said less than 6 months. Now 2 months. That is a massive difference.
As Tesco want the T/C and they will most likely not go any further without them, which is fair given what S75 is based on. Your only option is to lodge a complaint and see where it goes. If they will not settle/resolve then it will go to FOS to rule on. In due course.

2 months is less than 6 months. I posted originally 6 months as that is the limit the Consumer law stated but invoice and date of correspondence and claim price it was less than 2 months. 

Website also states 12 months warranty but when I originally brought this up with the company they stated it did not include the glass but were unwilling to give me a copy of the warranty. There is no links on their website it’s just a banner at the top of the page. 

Okydoky25

Update: update. After contacting Tesco Credit card I was advised the email they sent was incorrect. They could not do a charge back but were will to process a Section 75. This is what I had asked for at the start but hey Ho. 

Yesterday they emailed to advise I get a quote to replace the glass itself. To be perfectly honest I would prefer the company collect the whole thing for a full refund it not at least replace the table and the glass as I believe it’s more likely the table is badly designed which caused the glass to break. 

Before I call them can anyone advise my rights in requesting this or will I have to accept the cost of replacing the glass and just hope it doesn’t happen again. I feel very lucky no my kids and dogs were not in the garden when it happened the 1st time although I am still picking glass out the grass now! 

born_again

I think they are trying to reduce the cost to them.
Not really sure where you could source a new glass from, as not exactly stock items. As it will need to be cut & toughened. Which may end up costing more than the table itself.
Maybe give a local co a call and ask what they would charge. At least that will give you a idea and focus Tesco a bit more.
Given you really want rid, and Tesco can not force the co to do anything. S75 is paid by Tesco.
So you would need to push again to get the full amount back.

Streaky_Bacon

The statutory consumer rights form part of the contract that is entered into, and cannot be excluded by the T&Cs.

https://www.financial-ombudsman.org.uk/businesses/complaints-deal/consumer-credit/goods-services-bought-credit

The Consumer Rights Act is relevant to complaints about the quality of goods or services (including digital content) supplied by a business to a consumer. It implies certain contractual rights into consumer contracts - even if the supplier's paperwork doesn't include (or specifically tries to exclude) them.

If the fault appears within 6 months, then it is assumed to have been there from the start, unless the merchant can prove otherwise.

After 30 days the merchant can offer a repair or replacement, and if that doesn't solve the problem, the consumer can get a full refund.

The CC is in exactly the same legal position as the merchant, including the statutory liability (again, because it forms part of the contract).

It is not up to the customer to source a repair themselves.

It is good that Tesco seem to have accepted that they are liable under s75.

The OP should now tell Tesco that their options are to repair or replace the item, or issue a refund, and invite them to do so, but make it clear that the onus is entirely on them.

Okydoky25

So they are now insisting that I need to get someone round to confirm the damage was not caused by myself? Email below? Is the breach not the fact the company state there is a warranty when in fact you can’t claim on this? 

Is it not for them to prove this as it was within the six months of purchase? I called them and they are insisting it’s up to myself or the claim gets cancelled? They won’t even advise who I could get to confirm this sort of thing and I don’t have a clue. I’m quite rural to which won’t help. 

eskbanker

Personally I think the warranty (or lack of it) is a bit of a red herring here and the key issue is whether or not the table was actually faulty as such - while merchant or card company do have to work on the basis that a demonstrably faulty product less than six months old was defective when sold, unless proven otherwise, there is still the issue of having to show that it was faulty at all, which it may not have been if the glass was broken due to damage caused by misuse, or accident, or whatever.

The card company obviously aren't willing to simply take your word for this, so it does seem likely that you'll need to get an independent assessment as they request, but make sure you add the cost of obtaining this onto the value of your claim. 

Okydoky25

Any ideas who I could get this from? I’ve asked the local window fitters for a quote for the glass but they can’t advise how or why it broke. I’m not sure how anyone could once it’s in a million pieces all over my patio!? 

born_again

Okydoky25 said:

Any ideas who I could get this from? I’ve asked the local window fitters for a quote for the glass but they can’t advise how or why it broke. I’m not sure how anyone could once it’s in a million pieces all over my patio!? 

I really can not think of anyone who could. You tried the obvious one.
Part of the issue is going to be, broken glass is long gone. I guess the only way you might be able to tell is if there are sharp parts on the metal surround where the glass fits in and expansion due to heat causing undue pressure on the glass or (would be more likely to prove damage) dent in the same surround.

https://www.futureglass.co.uk/patio-furniture-replacement-glass

If you could find a co like the above but local, then you might be able to get them to look. "custom built patio table glass" as search phrase.