Section 75 claim

DBW77

In March 2021 I purchased a Whirlpool Bath on my Santander Credit Card and it was delivered with no apparent issues late April 2021. In July 2021 it developed a fault (crack in the shell beneath a jet) and there was a lot of back and forth with the Whirlpool Bath Shop to get them to fix it under their warranty (which included a 20 year shell warranty). They eventually agreed to get someone to fix it but before they could complete the job they went into administration. 

At the start of November, as I could get nothing back from the administrators I started a Section 75 claim and was told that I'd be getting the full cost of the bath back. I asked at the time if that was correct as I presumed they'd only cover the repair element but they were pretty certain I'd get the full cost. With that in mind I got a local tradesman to patch it up so we could use it although he said it was a pretty poor quality bath and he couldn't guarantee it'd last long.

Since then I've been informed by Santander that I won't get the full cost back. However, as they informed me on the phone I would they have offered me £50 as a goodwill gesture as well as the £100 I paid for the repair. I've turned it down though as I do feel I've been misled. I'm now left with a bath with no extended warranty on it.

Am I right to do this? I'm doing it based on the fact I was given wrong information when I started the Section 75 claim and also based on the fact I think I have 'suffered from a breach of contract or misrepresentation when buying goods/services' (taken from Santander Section 75 PDF factsheet) as now I don't have a 20 year warranty. What do you think should be my next move.

Many thanks for taking the time to read this. 

cx6

your next step is to file a formal complaint with santander and ask them to refund the cost as they are equally liable as the retailer.

DBW77

Thanks cx6. I should have added to the OP that they have assessed the Section 75 claim and are only willing to pay the £100 for the 'repair'. Had I known they were paying for that I'd have gone for quotes from others who could perhaps offer a long warranty on the work. I did make a complaint as well about the wrong information I was given when I phoned to start the Section 75 claim and they're only willing to offer £50 for that mistake. To be fair they have admitted that mistake. I have told them I'm going to go to the ombudsman but was just asking here as I don't want to waste their time if it's a pretty clear case of I've had what I'll get. 

Sandtree

cx6 said:

your next step is to file a formal complaint with santander and ask them to refund the cost as they are equally liable as the retailer.

They are equally liable but also have the same remedies open to them of repair, replace and refund. As per the retailer, you can express a preference but after the first 30 days they are only a preference (in the first 30 days you can reject the goods) and you cannot force the retailer/bank to take a more costly route.

You can attempt a complaint saying the £100 is a patch job not a long term repair but they may require evidence of this.

There is potentially one advantage though, if the patch does fail then you have a statutory right to reject the goods but assuming its after 6 months from original date of delivery then the refund can be reduced to reflect the useage.

born_again

Did you tell Santander that you were or had the bath repaired? When starting the claim.

molerat

It looks to me like Santander have taken on the responsibilities of the retailer. You unilaterally decided you wanted it repaired instead of a refund and Santander have accommodated your preferred outcome and are willing to pay for the repair.  You cannot expect to keep the tub and get a full refund, Santander could have refunded and asked for the item back but by your actions you have demonstrated you want to keep it.  What does the shell warranty state about rectifying defects ?

DBW77

born_again said:

Did you tell Santander that you were or had the bath repaired? When starting the claim.

Yes. I told them that the company that went bust said they would complete a repair. When I kept contracting them (Whirlpool Bath Shop) without reply I eventually found out they had gone bust. 

Molerat. I really don't want to keep the tub hence the patch up repair I made. Had it been explained to me at the time of the claim I could only claim the repair I'd have got a repair with the longest possible warranty.

bris

You shot yourself in the foot by having it repaired. 

DBW77

bris said:

You shot yourself in the foot by having it repaired. 

Looks like it but had no choice really in the end. Had no other bath/shower at home. 

DBW77

To end this discussion after a lot of back and forth and using the Ombudsman Santander agreed to fully refund the cost of the bath and the labour costs for installing it. It does pay to be persistent it seems!