Section 75 Claim Rejected

Isak_Enjoyer

Hi everyone,

MSE newbie here looking for advice.

I bought a bed frame from MADE.com in October 2021 costing over £800, paid for on my Halifax credit card.

In November 2024 the central bar that runs down the middle of the frame cracked, making the bed unusable, we made contact with MADE.com, however, as they have gone into administration since the purchase they advised us to pursue a Section 75 claim with my credit card provider.

I provided Halifax with proof of purchase as well as photographic evidence showing the damaged frame, however, I was unable to provide a warranty for the frame as MADE.com did not provide me with one at the time of purchase. Because I was unable to provide a copy of the warranty my claim was rejected by Halifax as they felt the damage could have been caused by wear and tear and not a manufacturing defect.

It seemed fatuous to me that a wooden bed frame could be susceptible to such a significant level of wear and tear within 3 years that would cause it to crack. I was considering progressing this through the ombudsman, however, as there is no warranty I wasn't sure whether or not it was worth my time?

Any comments or advice from users would be greatly appreciated.

Thanks all.   

Voyager2002

Under normal circumstances a warranty is for one or two years, and so would be irrelevant to this claim.

Have you pursued the Halifax complaints process?

Since you have been able to communicate with MADE, could you ask them what warranty was normally provided?

Olinda99

what was the name of the bed - the Harlow range for example has a 15 yr warranty

Isak_Enjoyer

Yes, I pursued a complaint with Halifax and their final response was to reject the claim due to wear and tear.

MADE.com were of no help, they advised that as they are now under new ownership (Next I think) they would not deal or comment on any previous queries/claims and pointed us in the direction of the liquidators. 

molerat

You need a report stating that the fault was inherent at the time of manufacture and provide that as part of your complaint.  The problem is that those centre bars can be fairly easily broken due to misuse but should be fairly easy to replace.

Aylesbury_Duck

The warranty is a red herring.  Halifax have judged it to be wear rather than a fault.  I suppose you could have it independently inspected (a furniture assembler would suffice) and if that person felt in their professional opinion that it was an inherent fault destined to prematurely fail, then go back to Halifax for a partial refund of the bed plus the cost of the inspection and report.

Isak_Enjoyer

Thanks, that makes sense. Unfortunately, I no longer have the damaged bar as I threw it away (dumb move on my part) therefore I am unable to get it independently assessed.

With that in mind is it worth going down the ombudsman route or am I wasting my time?

born_again

Isak_Enjoyer said:

Thanks, that makes sense. Unfortunately, I no longer have the damaged bar as I threw it away (dumb move on my part) therefore I am unable to get it independently assessed.

With that in mind is it worth going down the ombudsman route or am I wasting my time?

I can see this as the reason it was declined As this would be the main part of your claim to prove breach of contract &/or misrepresentation

Given no cost for going to ombudsman, you might as well. Just will take a while

Aylesbury_Duck

I agree.  You've nothing to lose.

Okell

How have you been coping without a bed for two months?  Or is it in the spare room?

Ectophile

Isak_Enjoyer said:

Thanks, that makes sense. Unfortunately, I no longer have the damaged bar as I threw it away (dumb move on my part) therefore I am unable to get it independently assessed.

With that in mind is it worth going down the ombudsman route or am I wasting my time?

You have no paperwork, and you've thrown the evidence away.

Pop down to a DIY store or timber merchant and buy a bit of wood.