Wrong large furniture items delivered and assembled - Section 75

Vikendios

I haven't found an answer to this query on the forum but I am a Newbie I've been told.

We ordered a 3-piece suite including delivery and installation online with a credit card 4 months ago.

After two months, the wrong suite (it was incorrectly labelled as the correct suite) was delivered and assembled.

The supplier has undertaken to replace with the correct suite asap.  

Is there a time-limit on submitting a section 75 claim if the replacement is not delivered in a reasonable timeframe?  I don't know what a court might consider reasonable but in my experience it would be 4 months at the most.

Thank you for any help with this.  I do not wish to initiate a section 75 too soon or too late.

Grumpy_chap

Vikendios said:

I haven't found an answer to this query on the forum but I am a Newbie I've been told.

We ordered a 3-piece suite including delivery and installation online with a credit card 4 months ago.

After two months, the wrong suite (it was incorrectly labelled as the correct suite) was delivered and assembled.

The supplier has undertaken to replace with the correct suite asap.  

Is there a time-limit on submitting a section 75 claim if the replacement is not delivered in a reasonable timeframe?  I don't know what a court might consider reasonable but in my experience it would be 4 months at the most.

Thank you for any help with this.  I do not wish to initiate a section 75 too soon or too late.

S75 holds the CC liable to the same extent as the supplier but there has to be a breach of contract and failure to remedy the breach of contract.
In this case, it seems as though the supplier has agreed to replace the incorrectly delivered item with the correct item.  This may have a timeline if the correct furniture is on a lead time (which is typical).  The S75 process is slow and I doubt that any CC would settle an S75 claim in your favour where there appears to have been a genuine mistake and the supplier is remedying in an appropriate manner.
What timeline has the supplier given for the correct suite to be delivered?

born_again

S75 is within 6 years In most cases in UK, although certain parts maybe less.

Rodders53

So it took two months to deliver and assemble the wrongly labelled suite...

Another two months would be the minimum expected timeline for a replacement.  So if you are still waiting in another two months (4 months from them re-ordering it from their supplier) you may have a reasonable gripe with the supplier... 

But you are using and wearing out a brand new suite that is rapidly depreciating in any resale value for your supplier...
They'll want to get the correct suite to you asap but will be bound by the lead times for manufacture and delivery (from overseas possibly).

Talk to them and find out where the replacement is in the processing system...

FWIW
I've recently ordered an item from the USA via their UK importer/franchise that is 3-4  months lead time; except I found out they have some due to land (via ship) this month. One has been allocated to me and I'm waiting to hear for the delivery and install date.

Olinda99

tell your credit card company asap. Ask for  a S75 on the basis wrong suite delivered.

born_again

Olinda99 said:

tell your credit card company asap. Ask for  a S75 on the basis wrong suite delivered.

Given the retailer has said they will replace. It will fail. CC will not refund OP when they know another is on the way.
Same with a chargeback, retailer will simply reject on the basis that they are supplying a new sofa.

Okell

Vikendios said:

I haven't found an answer to this query on the forum but I am a Newbie I've been told.

We ordered a 3-piece suite including delivery and installation online with a credit card 4 months ago.

After two months, the wrong suite (it was incorrectly labelled as the correct suite) was delivered and assembled.

The supplier has undertaken to replace with the correct suite asap.  

Is there a time-limit on submitting a section 75 claim if the replacement is not delivered in a reasonable timeframe?  I don't know what a court might consider reasonable but in my experience it would be 4 months at the most.

Thank you for any help with this.  I do not wish to initiate a section 75 too soon or too late.

Presumably you agreed to a replacement rather than exercising your 30 day short-term right to reject for a full refund?

Before you agreed to a replacement didn't you have a discussion regarding when it would be delivered?