Section 75 - Who Do I Claim From ?

Ralph112

Hi All,,

Please could you advise if i am able to put a claim in for a section 75 for the below situation i am in ?

Purchase price of £1113.60 on credit card for kitchen flooring, i had to pay the kitchen supplier 'Wrens Kitchens' this amount as they advised that they would place the order on my behalf to the flooring company 'Woodpecker Flooring' as part of the service (package) when i ordered my kitchen.

I have had x2 issue with the quality of the flooring where the top layer of the material has come away on the floor, i have claimed the first issue direct with Woodpecker and the issue was resolved but the same issue again has happened and i now have no faith in the quality of the material and expect this issue to arise again its just a matter of time.

Do i raise this second issue with Wrens Kitchens or Woodpecker Flooring ?

As my purchase was made to Wrens Kitchens, can i advise them that i will be claiming a Section 75 ? as my contract is with them as i paid them direct and not Woodpecker flooring.

If you could please advise on the correct process to follow to put a Section 75 in, I would really appreciate it  

Thanks!

MorningcoffeeIV

Section 75 claims are made to the finance provider - ie your credit card.

However they are likely to reject it as the chain was broken by paying Wren, rather than the floor supplier.

DullGreyGuy

So you paid Wren but Woodpecker supplied and fitted it? If that is the case then it's likely a S75 claim would fail because there is a fourth party in the agreement of Wren. For S75 to apply you must have a three party agreement between You (debtor), your card issuer (creditor) and the Supplier, if other parties are involved D-C-S is broke and S75 doesn't apply.

S75 is a claim against your credit card issuer, you sue them rather than the merchant/supplier and your card issuer pays any successful claim from their own pocket. You would make the claim against the transaction not a company and there is little point in telling the companies as they know they're off the hook if the bank is going to payout. 

With most banks you simply start a dispute against the transaction, depending on timescales they may try a chargeback first but if the clock has already runout on that then they look to a S75 and will ask for evidence from you, normally in the form of an engineers report to confirm the defect. 

You haven't said when you purchased it? It is potentially better, and given the D-C-S issue potentially more likely to succeed, to contact Wren as the merchant and advising them that they have repaired it once and it has failed again and as such you are excising your right to reject the goods under the Consumer Rights Act. Just be aware they can discount the refund to reflect the use already received from them.

grumbler

Ralph112 said:

...

Do i raise this second issue with Wrens Kitchens or Woodpecker Flooring ?

Your contract is with Wren - it's their duty to sort everything out.

As my purchase was made to Wrens Kitchens, can i advise them that i will be claiming a Section 75 ? as my contract is with them as i paid them direct and not Woodpecker flooring.

Correct, although s75 claim is against your car supplier that paid to Wren.

If you could please advise on the correct process to follow to put a Section 75 in, I would really appreciate it  

MSE: Section 75 refunds