DFS Sofa - Section 75

suleman4hmed

Just spoke to credit card, yes they processed £100 as chargeback. I told them I made section 75 claim for total amount. They said they will forward case to Section 75 now and should hear back soon.

the_lunatic_is_in_my_head

Hello OP

Just to clarify they only get one attempt at repair after which you may exercise the final right to reject, if you would prefer the refund stick to your guns regarding rejecting and don't allow any further repair attempts  

Grumpy_chap

Where £100 is paid on CC and the remainder on linked finance (Creation zero percent), does each credit provider remain liable for the full value of the goods?
I am certain that the OP can only recover the total of original paid, and not the full amount from both credit providers.
Are there rules or protocols as to whether the S75 should be pursued against the financier with the largest stake?

sonearandyetsofa

If you're within 30 days of arrival you can reject the entire order under your "short term right to reject". If it's longer than 30 days since delivery, but the fault has not been satisfactorily repaired (which going off your photos, it hasn't), you can reject it as the repair has failed. You should send DFS a letter before action in writing (email or recorded post letter) that you're rejecting the order for a full refund and that you await their response to arrange the collection of the faulty goods. You can find details on how to write a letter before action on MSE - don't forget to put in that you expect a response from them within a set period of time (14 days for eg) and that you will take further action if you're unable to reach a satisfactory conclusion. After you've told them you're rejecting it, if they don't respond or they refuse, that's when you go to your finance provider and tell them you need to make a section 75 claim. At that point you can also report them to Trading Standards, although they won't do anything for you directly.

suleman4hmed

sonearandyetsofa said:

If you're within 30 days of arrival you can reject the entire order under your "short term right to reject". If it's longer than 30 days since delivery, but the fault has not been satisfactorily repaired (which going off your photos, it hasn't), you can reject it as the repair has failed. You should send DFS a letter before action in writing (email or recorded post letter) that you're rejecting the order for a full refund and that you await their response to arrange the collection of the faulty goods. You can find details on how to write a letter before action on MSE - don't forget to put in that you expect a response from them within a set period of time (14 days for eg) and that you will take further action if you're unable to reach a satisfactory conclusion. After you've told them you're rejecting it, if they don't respond or they refuse, that's when you go to your finance provider and tell them you need to make a section 75 claim. At that point you can also report them to Trading Standards, although they won't do anything for you directly.

I have said to them via letter and email that I am rejecting it exactly how you said above. They are refusing to collect and refund on the basis that there is no fault. Even though I have sent them photos.

born_again

Grumpy_chap said:

Where £100 is paid on CC and the remainder on linked finance (Creation zero percent), does each credit provider remain liable for the full value of the goods?
I am certain that the OP can only recover the total of original paid, and not the full amount from both credit providers.
Are there rules or protocols as to whether the S75 should be pursued against the financier with the largest stake?

No they can't claim the full amount from both.

CC will say to go to creation as they have the larger interest. No way to avoid them knowing as they will want to know how the rest has been paid. 
Which TBH is fair. Even if actually you can go after either.