Section 75 Question / Offer from Bank

fezz

Hi,

We bought some garage doors and paid some of it on CC (to get the protection). Subsequently, we had some issues with them, and upon contacting the company, they have gone bust. The CC company (Sainbsburys Bank) asked for a report, which I got a local company to do, to quote to fix them, which equated to about 50% of the original cost. 

Sainsburys offered to cover this cost , and the £190 element which was the "warranty" part, but that leaves me in a worse position I believe, as I will have the doors fixed and no warranty (should have been 10 years). Any further issues are now down to me...

So the question is, can I push for them to cover the full cost, or have them replaced or is this normal for Sainsburys to only offer like this?

Any advice appreciated.
Thanks

[Deleted User]

Hi,

would think, as the company has gone bust, your warranty has gone as well, maybe best with offer.

born_again

Look at it like this.
They calculated the cost of the warranty would be £190.

If you have no issues going forward, you are £190 up.

DullGreyGuy

fezz said:

We bought some garage doors and paid some of it on CC (to get the protection). Subsequently, we had some issues with them, and upon contacting the company, they have gone bust. The CC company (Sainbsburys Bank) asked for a report, which I got a local company to do, to quote to fix them, which equated to about 50% of the original cost. 

Sainsburys offered to cover this cost , and the £190 element which was the "warranty" part, but that leaves me in a worse position I believe, as I will have the doors fixed and no warranty (should have been 10 years). Any further issues are now down to me...

So the question is, can I push for them to cover the full cost, or have them replaced or is this normal for Sainsburys to only offer like this?

When were the garage doors installed?

Is there anything in their offer that says that if you had an issue in another 6 months time you wouldn't be able to make another S75 claim?

fezz

installed in 2022, apparantly the offer is full and final settlement, so no further claims possible.

they suggested I get another garage door company to provide me with a warranty on our doors, and they would consider that cost in the claim, but no one I've spoken to would do it, as expected.

eskbanker

As you paid for a warranty service and didn't receive it, I can see why the bank would be on the hook for the cost of a replacement warranty service under s75 (and it sounds like they accept this), but can also understand that they wouldn't wish to effectively provide that service themselves by funding any future repairs that may be necessary, and doubt that this would be in your interests either, as you'd have to have the doors inspected by some sort of independent expert each time in order to support a claim that you'd be asserting to have been covered under the terms of the warranty.

Having said that, if you can't find a provider of warranty services then I'm not sure where else this can go - are these electrically-powered doors?

DullGreyGuy

fezz said:

installed in 2022, apparantly the offer is full and final settlement, so no further claims possible.

they suggested I get another garage door company to provide me with a warranty on our doors, and they would consider that cost in the claim, but no one I've spoken to would do it, as expected.

How have they worded it... it'd be easy for it to be full and final settlement for this issue but that wouldn't preclude another claim for a future issue. 

fezz

Yeah these are electric doors.

They put " I the undersigned accept the sum of £xx in full and final settlement of all claims against Sainsburys bank under section 75 of the consumer credit act 1974 arising out of, or in connection with, the transitions on my credit card account number ending XXX"

So sounds like this is a one time claim, and I'll need to accept the offer and risk it.

km1500

not my area of expertise but if the purpose of S75 is to make the card company equally liable with the merchant then why are not the card company liable for the remainder of the 10-year warranty provided by the merchant?

eskbanker

km1500 said:

not my area of expertise but if the purpose of S75 is to make the card company equally liable with the merchant then why are not the card company liable for the remainder of the 10-year warranty provided by the merchant?

My understanding is that the creditor's liability doesn't extend as far as actually making them directly responsible for rectifying the breach of contract, as this simply isn't practical in most cases, but they are financially liable for the cost of doing so.

DullGreyGuy

eskbanker said:

km1500 said:

not my area of expertise but if the purpose of S75 is to make the card company equally liable with the merchant then why are not the card company liable for the remainder of the 10-year warranty provided by the merchant?

My understanding is that the creditor's liability doesn't extend as far as actually making them directly responsible for rectifying the breach of contract, as this simply isn't practical in most cases, but they are financially liable for the cost of doing so.

The vast majority of litigation is for the financial loss and not an injunction to make the defendant perform certain actions (eg repairs). So if the original vendor was still about and wasn't honouring the agreement on the repairs the OP would sue them for the cost of someone else fixing them rather than getting an injunction to force the vendor to fix them.