Section 75: Company in admin after purchase, taken over, need to return item

TheBanksman

Hi.

I bought a bathroom cabinet for over £100 last August (2023) from Victoria Plum. Since then they have gone into administration and their website / name has been bought by a company and continues to trade.

My cabinet has developed a fault and I contacted them about exchanging it but they told me about the takeover and that the new company are not honouring any warranties for items purchased prior to 1st October 2023. 

I don't have an issue with this and know I could contact the administrators of Victoria Plum to claim for the cost of the cabinet, but I know I wouldn't get it - I might get a few pennies in many months if I am lucky, so it is not worth taking that approach.

Are there any grounds to make a section 75 claim for the value of the unit given that ideally I would like to replace it with a new one as the mirrors on the one I have are faulty? It was purchased using my Tesco Mastercard Credit Card. I haven't contacted Tesco yet - I wanted to ask here if I have any grounds to even try.

Thanks.

GrumpyDil

If the cabinet is definately faulty then yes you do have grounds. Put simply under S75 the credit card company is liable in the same was as the retailer. 

sarah1972

Pmd the team to move to consumer rights board 

ArbitraryRandom

GrumpyDil said:

If the cabinet is definately faulty then yes you do have grounds. Put simply under S75 the credit card company is liable in the same was as the retailer. 

Agreed - S75 means your card issuer shares the liability ("jointly and severally liable"), so if it was over £100 excluding delivery you should be covered - also, as if the item was less than 6 months old when you reported the fault they shouldn't make a deduction for use.