Section 75 for unsafe dining chairs

gracie83

I bought my dining  set back in 2016.  A month ago I got a letter from the administrator who has taken over the company saying I need to get rid of my chairs as they do not meet fire standards.  They said to do a section 75 or I can apply for a 'percentage' of the money through the administration process.   The safety recall did not include my chairs, and I emailed the administrator company about that and they confirmed that my chairs are unsafe.  I have just been refused the section 75 as my chairs are not in the recall notice.  I have email the administrators back asking where they are getting their info that the chairs are unsafe so I can pass that evidence to the credit card company.   I am confused as to what to do now.   I cannot afford to get a new dining room set!  If it is not in a recall are they safe regardless of what the administration company says?  I will fill in the paperwork to claim my 'percentage'.  Not sure what to do now or where to go to next.  

maisie_cat

If they do not meet fire standards are they upholstered? Would it not be easier to recover them in a compliant fabric if that's the case?

lincroft1710

My understanding is that you have to make a Section 75 claim within 6 years of purchasing the goods, so I would have thought you were out of time if you bought in 2016

Manxman_in_exile

Can a company (or its administrator) who sold you something 7 years ago insist that you dispose of that something because it didn't meet fire regulations?

Surely they can't insist on you doing anything?

screech_78

Manxman_in_exile said:

Can a company (or its administrator) who sold you something 7 years ago insist that you dispose of that something because it didn't meet fire regulations?

Surely they can't insist on you doing anything?

They can’t. I remember when a load of hoverboards were recalled and we had sold loads, especially as it was just after the Christmas period. We had to contact all customers advising them to call us for a refund. We also told them they could dispose of it or it could be collected. If they chose to dispose or asked to keep it, that was fine. But both emails and letters were sent to the purchasers advising of the dangers and explaining there would be no warranty cover or liability down the line. 

bris

lincroft1710 said:

My understanding is that you have to make a Section 75 claim within 6 years of purchasing the goods, so I would have thought you were out of time if you bought in 2016

There's no time limit on a S75 claim, 

But if the retailer or CC refuse to pay out you cant take it to court.

But the CC might take your side of it even after 6 years.

Manxman_in_exile

lincroft1710 said:

My understanding is that you have to make a Section 75 claim within 6 years of purchasing the goods, so I would have thought you were out of time if you bought in 2016

Playing Devil's Advocate, might it not it be 6 years from the OP first being informed that the furniture didn't comply with fire regulations?

(I don't know if that would be the case or not...)

SiliconChip

What is the basis for saying they are unsafe? Chairs sold in 2016 should have had a fire safety label attached (mine that I bought in 2001 have the label on still) so if you bought chairs without a label I'd say you knew in 2016 they were unsafe and you don't really have a claim. But, if they do have a label and you're now being told that the label is invalid then that is something that I believe you should pursue with your card issuer (I assume that each chair cost at least £100 so is actually covered by S75).

lincroft1710

bris said:

lincroft1710 said:

My understanding is that you have to make a Section 75 claim within 6 years of purchasing the goods, so I would have thought you were out of time if you bought in 2016

There's no time limit on a S75 claim, 

But if the retailer or CC refuse to pay out you cant take it to court.

But the CC might take your side of it even after 6 years.

This site says 6 years, so are they wrong

https://www.ukfinance.org.uk/our-expertise/cards/chargeback-and-section-75#:~:text=You should address a Section,were due to rec

HillStreetBlues

lincroft1710 said:

bris said:

lincroft1710 said:

My understanding is that you have to make a Section 75 claim within 6 years of purchasing the goods, so I would have thought you were out of time if you bought in 2016

There's no time limit on a S75 claim, 

But if the retailer or CC refuse to pay out you cant take it to court.

But the CC might take your side of it even after 6 years.

This site says 6 years, so are they wrong

https://www.ukfinance.org.uk/our-expertise/cards/chargeback-and-section-75#:~:text=You should address a Section,were due to rec

You should make a claim within six years of buying the goods or services or, in cases of non-receipt, when you were due to receive them.

That doesn't say you have to, just that you should.

The reason that it's should is that after 6 years you have little redress.

Manxman_in_exile

Assuming that the furniture didn't comply with fire regs at the time that the OP bought it, couldn't s32 of the Limitation Act 1980 (legislation.gov.uk) apply if the op was also deceived in any way as to whether the furniture did or did not comply?  In which case the 6 years would run from when the OP was told of the problem, and not from the date of purchase?

I don't see why the seller's administrator would now be concerned about this unless they thought the seller had fraudulently (or otherwise deceptively) sold the furniture when they should not have done?

[Edit:  added "deceptively" in "(or otherwise deceptively)"]