John Lewis Partnership Card - Section 75 time limit

marcusjm

I purchased a freezer on my John Lewis mastercard back in March 2020. The item has repeatedly failed during lockdown and the merchant finally said they could not solve the issue. They have been radio silent since and so I approached the credit card company to apply for a section 75. They rejected the claim as it exceeded 120 days since purchase. This is the first time I've heard about such time limits. Tonight I watch Martin Lewis advise a couple about protection for their wedding later in the year (over 120 days). No mention of a time limit.
Is this right or are they trying it on?
Thanks

TadleyBaggie

Pretty sure the 120 day limit is for chargebacks, everywhere I check says their is no time limit on S75 claims.

[Deleted User]

120 days is chargeback yes, that is what they are talking about
Call back and ask for a section 75, not a chargeback (use that wording)

born_again

TadleyBaggie said:

Pretty sure the 120 day limit is for chargebacks, everywhere I check says their is no time limit on S75 claims.

6 Years on S75. Can be extended in certain case. But is highly unlikely in most cases. Only ever know it happen once & that was in the case of the failed breast implants.

Sandtree

There is no time limit on S75 itself however they simply inherit the merchants liability and under the law of limitations the time limit for contract law for physical damage/financial loss is 6 years in England and Wales or 5 years in Scotland. Its 3 years for bodily injury. In some cases the "date of knowing" can mean the clock starts ticking later than the point of executing the contract.

FaceHead

All card companies will use the chargeback process before S75, as it's quicker and easier all round and the merchant rather than the lender pays. 

Having made a chargeback claim and had it rejected due to being out of time, it's now time to raise a S75 claim. 

eskbanker

FaceHead said:

All card companies will use the chargeback process before S75, as it's quicker and easier all round and the merchant rather than the lender pays. 

Having made a chargeback claim and had it rejected due to being out of time, it's now time to raise a S75 claim. 

Perfectly reasonable for card companies to try chargeback before s75, if the net result is the same for the customer, i.e. reimbursement in full.  However, if the customer specifically asks to raise a s75 claim (as suggested by OP) then IMHO it's not OK for a card company to come back saying 'sorry, claim rejected, over to you to decide what to do next' because they chose to treat it as chargeback initially, when they should simply be proceeding with the claim as requested....

CathGriff

I have an issue with my faulty conservatory which dates back for more than 6 years. Can I make a Section 75 claim for this, given the company has strung us along until very recently

born_again

Talk to your card co.
End of the day they will make the decision. But rule of thumb is 6 years. Being strung along by retailer cuts no ice sadly.