Section 75 proof of damage

DJSith

Hi all, after a bit of help.  I bought a table for £500 from Harveys last year.  In march/april i noticed the top had become discoloured and sticky, as if the protective wax had come off.  

I contacted Harveys and received an email back saying they had gone into administration and they couldn't do anything about the table.

I submitted a s75 claim with Creation and its took them until today to send a full reply.

Essentially they are saying that i need to provide expert proof that the goods were faulty when purchased and not caused by wear and tear and sunlight damage (I didn't realise tables had to be placed in a dark room!). 

I was under the impression that s75 applied if goods didn't last a reasonable amount of time?  Also, where am i supposed to get expert independent proof that the table is damaged?

Cheers

[Deleted User]

I don't know about the cover (though having it in direct sunlight could cause problems particularly through glass).

Consumer rights cover goods not lasting a reasonable time yes, but equally, not wear and tear or mis-use. As the provider is bust, then yes S75 comes into play but, yes the firm are allowed to require you to get an expert opinion on this to see if it was actually a faulty product, not simply wear and tear for which they are not liable. The cost of this opinion can be claimed back as part of S75 if the provider accepts it.

jsmith9

Agree with @farfetch - to make a claim you must show the CC company that the damage is not normal wear and tear. Maybe using Google will provide some leads of who to employ

born_again

Sunlight will fade anything. 
Google "furniture expert independent proof" and it brings up a good few. Also try asking at a local independent furniture shop.

Sandtree

DJSith said:
Essentially they are saying that i need to provide expert proof that the goods were faulty when purchased and not caused by wear and tear and sunlight damage (I didn't realise tables had to be placed in a dark room!). 

I was under the impression that s75 applied if goods didn't last a reasonable amount of time?  Also, where am i supposed to get expert independent proof that the table is damaged?

Inherently faulty is the term that was in the previous consumer rights legislation and it was conceptually confusing for many. The term no longer appears in the replacement (Consumer Rights Act 2015) but the principles are unchanged in terms of things not being reasonable wear & tear, customer missuse etc.

S75 simply makes the credit provider jointly liable with the merchant, so your rights against Harveys under the CRA are mirrored to the credit provider no more, no less. The CRA says that after 6 months its up to you to prove the issue, you would imagine to stop vexatious claims costing retailers money, but if you commission a report you and the report supports your case then you can add the cost of the report to your claim.