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Section 75

Hi
Can you please advise I purchased  2 composite doors £1800  had them fitted on the same day .The company have been coming back and forth since I had these , to adjust my hinges ,because I noticed a lot of draughts .There is a 10 Year guarantee  and I have had these about 4/5  yrs total.In July their engineer put a spirit level on them both  and said I can see the  problem they are both warped.I paid £40 on a Mastercard and the balance  cash ,the company is aso accredited  by WHICH.
If the worse comes to worst could I claim back from the credit card should they not want to replace these .I have just let them change the brushes and rubber seals but they are still very draughty .They really are not fit for purpose
Can you please advise .
Thank you .



Comments

  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    No free lunch, and no free laptop ;)
  • macman said:
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    Why do you say that? I see no reason why the OP couldn't claim on section 75 as long as they have given the supplier chance to fix the issue first.

    Useful section 75 info here:

    https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/getting-your-money-back-if-you-paid-by-card-or-paypal/
  • DullGreyGuy
    DullGreyGuy Posts: 18,613 Forumite
    10,000 Posts Second Anniversary Name Dropper
    macman said:
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    Why do you say that? I see no reason why the OP couldn't claim on section 75 as long as they have given the supplier chance to fix the issue first.

    No, there is no requirement to give the supplier a chance to fix it first... the card company and supplier are jointly and severally liable

    Whats stopping you from dealing with it under the guarantee? What are the terms of the guarantee?

    Under your statutory rights anything over 6 months old can be refunded less the use you've already received from the goods. The law doesnt say how this should be calculated but some companies are simply saying Age / 6 Years is the discount and so if its 5 years old they'd look at circa 1/6th of the original value.
  • macman said:
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    Yes it has tbh , they have been  to my house many times ,but I was not aware how bad these are until this year .I let try to fix the issue but its still the same .Thank you for replying  
  • macman said:
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    Why do you say that? I see no reason why the OP couldn't claim on section 75 as long as they have given the supplier chance to fix the issue first.

    No, there is no requirement to give the supplier a chance to fix it first... the card company and supplier are jointly and severally liable

    Whats stopping you from dealing with it under the guarantee? What are the terms of the guarantee?

    Under your statutory rights anything over 6 months old can be refunded less the use you've already received from the goods. The law doesnt say how this should be calculated but some companies are simply saying Age / 6 Years is the discount and so if its 5 years old they'd look at circa 1/6th of the original value.
    I will try and deal without  through there guarantee  first ,but how they have delayed coming to look over the years doesn't  fill me with confidence tbh.As the real problem for the draughts  has only just been spotted ,I decided  to let them fix it first less hassle  for everyone. The company has WHICH ,MASTER CRAFTSMEN, FENSA etc accreditation. All I want is 2 doors that  do what they should and stop the draughts.
    I really don't like the sound of 1/16 compensation if that's correct what you  tell me .
    Thank you for taking the time to reply 


  • macman said:
    You can technically do a S75 claim up to 6 years from supply, but realistically your chance of doing this on a 4 or 5 year old purchase is remote.
    It's taken the supplier this long to work out that they are warped?
    Why do you say that? I see no reason why the OP couldn't claim on section 75 as long as they have given the supplier chance to fix the issue first.

    Useful section 75 info here:

    https://www.citizensadvice.org.uk/consumer/somethings-gone-wrong-with-a-purchase/getting-your-money-back-if-you-paid-by-card-or-paypal/
    Thank you for replying  and your link you sent me 
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