S75 - Possible faux pas?

powerful_Rogue

Just a quick question.

Just had a new kitchen fitted and there is a lot of issues with it. In talks with the company at the moment to get them rectified.

Back of my mind i'm thinking im safe as I paid two deposits on two different credit cards, however now it's just dawned on me that the contract for the kitchen is in my wifes name. Guessing s75 won't cover now if it ever (and hopefully wont) get to that stage?

Mark_d

I think you're right there.  You have no relationship with the kitchen supplier.  And therefore you have no rights under section 75

voluted

Mark_d said:

I think you're right there.  You have no relationship with the kitchen supplier.  And therefore you have no rights under section 75

This isn't correct unless the kitchen is solely used by the OP.

If the cardholder benefits from the transaction, there is S75 protection.

Most spouses use the kitchen in their marital home so will benefit from it.

DullGreyGuy

voluted said:

Mark_d said:

I think you're right there.  You have no relationship with the kitchen supplier.  And therefore you have no rights under section 75

This isn't correct unless the kitchen is solely used by the OP.

If the cardholder benefits from the transaction, there is S75 protection.

Most spouses use the kitchen in their marital home so will benefit from it.

There is nothing in Section 75 that talks about "benefiting from"... you may want to read it, it's only a few clauses long. 

If you were to go to court you would lose the case because the courts are bout the letter of the law and the letter of the law states there must be a direct relationship between debtor, creditor and supplier which by having the supplier contracted to Mrs OP its broken.

The FOS however is legally required to find fair outcomes and isn't as bound by the law in the same way the courts are. Hence you will find cases where the FOS accepts that a contract really was in joint names even if only one name is on the document or various other minor deviations on the grounds of fairness.

Of cause some may be underhanded and ask the retailer to reissue the invoice in joint names. 

The other problems with kitchens is often people buy all aspects from Company A but Company B is subcontracted to do the fitting and as such S75 won't work against the poor actions of B