section 75 claims/consequential damages

dave0069

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

marcia_

dave0069 said:

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

 No, you can not double dip for the camera and fitting. The bank will ask if they refunded and end your s75 claim

KittenChops

marcia_ said:

dave0069 said:

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

 No, you can not double dip for the camera and fitting. The bank will ask if they refunded and end your s75 claim

I think the OP is asking - as they've already had the purchase & fitting refunded, can they also use Section 75 to claim for the consequential damage

MattMattMattUK

KittenChops said:

marcia_ said:

dave0069 said:

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

 No, you can not double dip for the camera and fitting. The bank will ask if they refunded and end your s75 claim

I think the OP is asking - as they've already had the purchase & fitting refunded, can they also use Section 75 to claim for the consequential damage

The answer is no, they were refunded in full and therefore a S75 claim cannot be made.

They either go via their car insurance or they issue court proceedings themselves.

eskbanker

MattMattMattUK said:

KittenChops said:

marcia_ said:

dave0069 said:

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

 No, you can not double dip for the camera and fitting. The bank will ask if they refunded and end your s75 claim

I think the OP is asking - as they've already had the purchase & fitting refunded, can they also use Section 75 to claim for the consequential damage

The answer is no, they were refunded in full and therefore a S75 claim cannot be made.

They either go via their car insurance or they issue court proceedings themselves.

I don't think that refunding the purchase cost negates the potential for a s75 claim - if OP has a valid claim against Halfords then it's equally valid against the creditor.

Under a s.75 claim, a consumer may be eligible to claim for certain consequential losses, though not all consequential losses are covered.

https://www.fca.org.uk/publication/finalised-guidance/cancellations-refunds-helping-consumers-rights-routes-to-refunds.pdf

Edit: there's also the potential issue of whether the damage here is actually a direct loss rather than an indirect (consequential) one, a legal distinction that may be significant.

born_again

Best option speak to Amex & see what they say. 

SacredStephan

dave0069 said:

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

So who do Halfords say is liable for the damage if it's not them?

Is the car driveable and legal to drive (working speedometer etc)?

HillStreetBlues

eskbanker said:

MattMattMattUK said:

KittenChops said:

marcia_ said:

dave0069 said:

is there any one that know section 75 law well    recently  I purchased a dash cam and fitting   from halfords  with my amex  card  they spent nearly 3 hours trying to fit it  before giving up.

doing around 1300 pounds worth of damage to my dash board and cars interia trim.

they refunded me for cam and fitting and admited damage   I covertly recorded there admition of liability.

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

but before I do that  I know  that  section 75 does cover consequential  damages as well as price of goods or services.

but my question is can i still do a section 75 claim  if they refunded the payment for cam and fitting?

 No, you can not double dip for the camera and fitting. The bank will ask if they refunded and end your s75 claim

I think the OP is asking - as they've already had the purchase & fitting refunded, can they also use Section 75 to claim for the consequential damage

The answer is no, they were refunded in full and therefore a S75 claim cannot be made.

They either go via their car insurance or they issue court proceedings themselves.

I don't think that refunding the purchase cost negates the potential for a s75 claim - if OP has a valid claim against Halfords then it's equally valid against the creditor.

Under a s.75 claim, a consumer may be eligible to claim for certain consequential losses, though not all consequential losses are covered.

https://www.fca.org.uk/publication/finalised-guidance/cancellations-refunds-helping-consumers-rights-routes-to-refunds.pdf

Edit: there's also the potential issue of whether the damage here is actually a direct loss rather than an indirect (consequential) one, a legal distinction that may be significant.

I agree taking a refund of the camera doesn't mean OP can't claim consequential loss via S75
As OP bought camera & fitting the damage is a consequence of the attempted fitting 

DullGreyGuy

As long as they actually took the payment then S75 will still apply. If however they cancelled the payment as it was all done within a short timeframe then S75 wouldn't apply.

Obviously the burden of proof will still be on you to prove they actually did the damage in question/it wasnt pre-existing etc and a covertly recorded video of them admitting some form of liability isn't necessarily going to be sufficient to do that. 

dave0069

thanks for replys   they spent 3 hours messing around with the car distoryed the cam hardwire cable and done 1300 quids worth or damage to the trim of the car   ie screw driver marks in top of the dash and leather   scrached the hell out of the brushed aluminum trim   and broke the fusebox cover   the is imaculate  a very low milage audi A8  parts and fitting is £1300

manager admited damage and asked me to get a qote  and said they pay for damage then denied damaging the aluminum but admited dashboard damage and fusebox.   then head office change storry and are trying to get out of it

dave0069

SacredStephan said:

dave0069 said:

now they are back tracking and denying liability  and it looks like I will have to isue a court claim.

So who do Halfords say is liable for the damage if it's not them?

Is the car driveable and legal to drive (working speedometer etc)?

its damage to dash board and trim   the car is a audi A8 hence they damage expencive parts

 top of dash is 500 odd 320 for brushed aluminuim trim  and 50 for fuse box and about 4hours labour replacing top of dash all dealer only parts first they admited damage to dash and fuse box  but denied trim peace but i can prove it want like that now ther head ofice is lieing and say they only broke fuse box after they relized how much moneys worth of damge they done

i have a recording of manger admiting damage to dash and fuse box

i definatly will be isuing a county court sumons but i asked the question first as  if i could use sec75 amex im shaw would put presure on halfords

my advice dont even ask halfords to put air in your tires