Section 75 refunds query

shizzo2083

I have 4 years finance on a sofa which was purchased in 2021. It found to be faulty within 30 days and there has been 3 repairs which have not worked. DFS are only going to issue a part refund and are charging for usage which I feel is unreasonable as the fault was found within 30 days. I have had the sofa now for just under 2 years and have  only had it this length of time to allow them a chance or 3 chances to repair. I am now looking to raise a Section 75 claim to refund the full amount I have paid so far to the finance company. I still have two years of payments to pay. Should I stop paying the monthly payments to the finance company? 

CliveOfIndia

shizzo2083 said:

Should I stop paying the monthly payments to the finance company? 

Only if you want to trash your credit history for the next 6 years, and potentially end up with a CCJ against you.

What is the nature of the fault and why have the repairs not worked?  You can try a S75 claim, but remember that this only applies where the supplier has broken the terms of their contract with you.  You'd need to be able to provide evidence that the partial refund being offered was unreasonable.

DullGreyGuy

shizzo2083 said:

I have 4 years finance on a sofa which was purchased in 2021. It found to be faulty within 30 days and there has been 3 repairs which have not worked. DFS are only going to issue a part refund and are charging for usage which I feel is unreasonable as the fault was found within 30 days. I have had the sofa now for just under 2 years and have  only had it this length of time to allow them a chance or 3 chances to repair. I am now looking to raise a Section 75 claim to refund the full amount I have paid so far to the finance company. I still have two years of payments to pay. Should I stop paying the monthly payments to the finance company? 

If the initial fault was identified in the first 30 days you had the option to reject the goods, having chosen not to do so and allow them to attempt a repair you subsequently lost that right.

Once you have had the item for 6 months then the merchant (and so the bank) can reduce the value of any refund to reflect the use you have had since receiving the items. 

You can attempt a claim under S75 if you want but you will need to provide reports etc and you may find that the finance company deduct use at a higher rate than DFS has; the law doesnt specify how it has to be calculated. As such you may end up in a worse situation than you are now. 

The loan/its repayment is independent to the product and so if you cease paying it then it will default, debt collectors will be involved and you will potentially end up with a CCJ against your name. 

shizzo2083

The fault with the sofa is the foam has failed. DFS has tried to add a further piece of foam which did not work and and then the foam has been completely replaced twice but has still failed. DFS have admitted that the foam has failed and the sofa is faulty. I was told by the manager that they were allowed three attempts to repair however I have not seen this on their T and Cs on their site

born_again

Consumer rights only give them one chance to repair before you can ask for a refund.
The fact you now have a 2 year old sofa, gives them the right under consumer regulations to deduct from refund for usage.