Section 75 help and advice, please

thefunkaygibbon

Hi, 

A while ago we had a new kitchen fitted by a company specialising in fitting kitchens. There were some issues with the doors and upstands supplied in that the paint chips and flakes off. This is not a huge amount, but enough to not be fit for purpose. As an example, before the mother-in-law ripped her kitchen out, it had been there for 15 years without so much as a scratch. 

Kitchens are hard working areas, so even though we haven't knocked them, you would expect them to withstand small knock from things like plugs attached to a blender or something. 

So, we have gone through the company that supplied them, and after A LOT of back and forth, they eventually caved after testing one of the doors twice and replaced all of the items that were painted in their supplier's factory. The second lot are suffering the same fate. More chips.

The supplier are being useless, so we went through the credit card that we placed a deposit with, using section 75. 

They are equally as useless, first rejecting the claim as we paid via BACS - we had to point out to them via a complaint that section 75 covers BACS if a part of the service was paid for via a CC, what a good start. 

So now, after supplying all evidence, they are still dragging their feet and requiring more evidence, just from someone else. Has anyone here successfully, or unsuccessfully, gone through a section 75 claim. We have followed the guides here, but the CC provider are being useless

Thanks all

[Deleted User]

It's unsurprising that they want to know exactly where they stand, as you're looking to hold them liable.

What additional evidence are they asking for? 

Ebe_Scrooge

Assuming you paid a deposit by CC and the balance by BACS, then you're covered by S75 (unless the kitchen was more than £30,000).

In terms of them "requesting more evidence" - it's quite common for a card issuer to require a report from an independent expert to prove that the goods are indeed faulty.  Is this what they've asked for?

thefunkaygibbon

Yes, an independent report has been requested. However, as a report was done via the company that supplied the goods and returned that they were indeed faulty, and the new goods are the same, then I am getting a little confused by it all.

In addition, when a report is carried out, that we have to pay for, is this refunded as part of the process? Looking online, the absolute cheapest I can find is £350 for in person or £135 via video. It feels more like they are trying to prevent us from going forwards as opposed to helping us. 

Sandtree

The report is an additional expense that you add to your claim be that against the supplier or the credit card company... so if you win the claim it get refunded, if you lose the claim its your cost to cover. When dealing with suppliers they often assist to avoid the consumer having the cost as if you sell TVs or Kitchens you have a ready supply of employees or contractors that can do those sorts of inspections. Banks which cover every type of product purchasable by credit card in the world dont have such experts on call and hence much more commonly require the consumer to commission the report.

The other angle to check on as its a pit fall for this kind of job... how much was it per door or upstand? How is it displayed on your invoice? S75 covers ITEMS priced over £100 (and under £30k) and kitchen claims often fall foul of the fact that it may be 20 doors @ £75 each so £1,500 total but as each item on the invoice is below £100 there is no cover.

MalMonroe

Hi, is the information in this link of any help -

https://www.moneysavingexpert.com/reclaim/section75-protect-your-purchases/

It contains the story of Linda and Neil and their kitchen purchase. It's a bit of a different story to yours but they were successful.

I was also successful a few years ago when I bought a faulty car and the (private) seller wouldn't do anything about it. I claimed my money back and added on some compensation and I received everything I claimed for. It took a good twelve months, though. But if you stick at it and try not to let it get you down, you can succeed too. I'm not sure why but when it was all over the credit card company sent me a very large bouquet to the value of £50 (which I'd rather have had in cash!) - I checked the flower shop online . . . as well as a written apology. All gracefully (as opposed to gratefully as it had been a bit of a hard slog) accepted. 

Ebe_Scrooge

MalMonroe said:

I was also successful a few years ago when I bought a faulty car and the (private) seller wouldn't do anything about it. I claimed my money back and added on some compensation and I received everything I claimed for.

I'm intrigued by this.  Firstly, a private seller is highly unlikely to accept payment by credit card (unless he's a trader masquerading as a private seller).  Secondly, in a private car purchase, you have very few rights unless you can prove the seller deliberately told a lie about the condition of a car.  I'm not saying I disbelieve you - but the story intrigues me.

MalMonroe said:

I'm not sure why but when it was all over the credit card company sent me a very large bouquet to the value of £50

That doesn't ring true.  They may have fulfilled their obligation under S75 (the above queries notwithstanding), but they wouldn't send you a bunch of flowers.  There's more to this story than you're letting on :-)

Sandtree

Ebe_Scrooge said:

MalMonroe said:

I'm not sure why but when it was all over the credit card company sent me a very large bouquet to the value of £50

That doesn't ring true.  They may have fulfilled their obligation under S75 (the above queries notwithstanding), but they wouldn't send you a bunch of flowers.  There's more to this story than you're letting on :-)

In my days it was usually done to give a more human response from a financial services company. Was occasionally used in complaints where there had been no financial loss but more often it was just the telephone operator showing human connection

As to why send a £50 bunch of flowers? Because when they are your preferred suppliers you dont pay them anything close to £50 and a £50 bunch of flowers may go down better than £20. Certainly back in my claims days you'd send flowers in certain circumstances (eg PH clearly distraught and saying concerned that they're pregnant and what has the crash done to the baby etc) to show compassion etc which we thought flowers did better than cash