Issue with faulty goods with retailer in administration

simonlm

Hi, could I ask a bit of advice, my wife was bought a Cath Kidston bag from Debenhams as a present. The bag was purchased on boxing Day 2020 and gifted in may 2021. The bag has been used for 6 weeks and is now faulty, she approached Cath Kidston as the brand and they are refusing to deal with it and refering my wife to Debenhams, Debenhams are still in administration, but the new owners have said that the warranty from sale would be 6 months and are referring her to the manufacturer, they are acting as a retailer saying they never sold the bag go back to Debenhams, any advice on how my wife can simply get a replacement or repair to a product that clearly isn't fit for purpose.

p3ncilsharpener

There isn't any way.

Debenhams are in administration, and it is with them that your rights lie (or probably more likely whoever bought it.)

Aylesbury_Duck

Other than goodwill, she won't get a refund, repair or replacement.  Aside from the Debenhams situation, the consumer rights sit with the original purchaser, and not your wife. 

zoob

Kath kidston whent into administration at the same time as Debenhams, but has recently started trading again, I suspect the new company has no legal obligations over stock sold by the old company 

Sandtree

The buyer's rights are with the retailer, as the retailer is in administration the buyer will be an unsecured creditor and so at the bottom of the list of people to get a share of any money thats left in the company after selling off the assets etc. If the buyer is lucky they'd get 5% of what they paid for it.

The buyer may have other routes open to them though like a S75 claim if they paid by credit card and the item is over £100

born_again

Sandtree said:

The buyer's rights are with the retailer, as the retailer is in administration the buyer will be an unsecured creditor and so at the bottom of the list of people to get a share of any money thats left in the company after selling off the assets etc. If the buyer is lucky they'd get 5% of what they paid for it.

The buyer may have other routes open to them though like a S75 claim if they paid by credit card and the item is over £100

>>>my wife was bought a Cath Kidston bag from Debenhams as a present.<<<

So S75 would not apply.

As it is, if either party was trading Mrs does not have any rights as not the purchaser of the goods.

jon81uk

Even if Debenhams was still trading as it is now over six months from purchase you would have to prove it is a manufacturing defect to the retailer.

68ComebackSpecial

born_again said:

Sandtree said:

The buyer's rights are with the retailer, as the retailer is in administration the buyer will be an unsecured creditor and so at the bottom of the list of people to get a share of any money thats left in the company after selling off the assets etc. If the buyer is lucky they'd get 5% of what they paid for it.

The buyer may have other routes open to them though like a S75 claim if they paid by credit card and the item is over £100

>>>my wife was bought a Cath Kidston bag from Debenhams as a present.<<<

So S75 would not apply.

As it is, if either party was trading Mrs does not have any rights as not the purchaser of the goods.

Wouldn't matter who purchased it - S75 would never apply as their bags cost less than £100.

Sandtree

born_again said:
>>>my wife was bought a Cath Kidston bag from Debenhams as a present.<<<

So S75 would not apply.

I am assuming you are trying to claim that a gift doesn't get S75 protection? 

https://www.financial-ombudsman.org.uk/files/109523/DRN4269257.pdf

As per the above link, as long as the buyer bought and received the bag they had a valid D-C-S chain, the fact they subsequently gifted the bag to someone else is irrelevant

Zinger549

I think they were suggesting as his wife was given the bag she can't use S75. The person that purchased the bag can.