Can't claim under S75?

GentleGiant2

Purchased a mattress in December 2023 for 700 odd pounds from Costco

It has badly failed. We went for a good quality one, or one we thought was.

Costco are dragging their feet on this, despite having evidence, saying they need to visit, but not arranging a time etc.

Amex say that it does not qualify for a S75 claim and there isn't anything they can do.

As it is causing us sleep issues - we need to by a new one.

But can we claim anything from anyone or is a mattress only expected to last a year? I don't even think it went a year - but due to my own health I didn't get round to contacting Costco until January. 

Would welcome thoughts of people as we can't afford to just throw away £700+

eskbanker

GentleGiant2 said:

Amex say that it does not qualify for a S75 claim and there isn't anything they can do.

Have they offered any actual explanation as to why that is though?  They'll naturally put the onus is on you to demonstrate breach of contract, but you should be able to do that with some sort of independent expert report about exactly how it's "badly failed" and whether this is an inherent fault that would have been present at the time of purchase.

Aylesbury_Duck

Is Amex treating this as a B2B sale, given that you need to be a member to purchase at Costco?  I can't remember the precise rules around this, but it's possible that's why Amex are saying a S75 claim isn't possible.

Grumpy_chap

GentleGiant2 said:

Purchased a mattress in December 2023 for 700 odd pounds from Costco

It has badly failed. We went for a good quality one, or one we thought was.

Costco are dragging their feet on this, despite having evidence, saying they need to visit, but not arranging a time etc.

Amex say that it does not qualify for a S75 claim and there isn't anything they can do.

As it is causing us sleep issues - we need to by a new one.

But can we claim anything from anyone or is a mattress only expected to last a year? I don't even think it went a year - but due to my own health I didn't get round to contacting Costco until January. 

Would welcome thoughts of people as we can't afford to just throw away £700+

In what way has the mattress "failed"?

Is the Costco account a personal membership or a business (trade) membership?

Is the AMEX card in your personal name or in a company name?

GentleGiant2

The side has collapsed.

Card is in personal name, but the Costco is in a company name - but they wouldn't know that.

They said that as we didn't tell Amex immediately we can't claim. 

We reached out to Costco first and didn't realise we should have informed Amex straight away.

eskbanker

GentleGiant2 said:

The side has collapsed.

Card is in personal name, but the Costco is in a company name - but they wouldn't know that.

They said that as we didn't tell Amex immediately we can't claim. 

We reached out to Costco first and didn't realise we should have informed Amex straight away.

What do they mean by immediately or straight away, and how do they know when the problems started anyway?  There is a time limit for initiating chargeback claims (120 days from purchase) but a section 75 action can be started at any time - it serves to hold the creditor equally liable as the merchant and breach of contract claims can be started for at least six years, so there's no legal obligation to inform Amex immediately?

sheramber

Amex won’t do anything while you have a dispute open with Costco. 

Grumpy_chap

GentleGiant2 said:

The side has collapsed.

Card is in personal name, but the Costco is in a company name - but they wouldn't know that.

They said that as we didn't tell Amex immediately we can't claim. 

We reached out to Costco first and didn't realise we should have informed Amex straight away.

I think AMEX cannot claim this was a business purchase.

There was a long thread recently where the status of a personal purchase via a trade membership was discussed.  There were several nuances but, ultimately, I think it was the opinion of the thread contributors that the personal or trade membership status could not over-ride the reality of the purchase being in a personal capacity and, hence, consumer rights applying.  That also, by extension, means that the consumer credit act also applies, hence S75.

AMEX are jointly and severally liable and I do not believe it makes any difference whether you contact then first, second or at the same time as the retailer.  Indeed, if you only contacted AMEX, they'd probably ask what the retailer had responded to resolve the matter.

It is quite odd as I have always found Costco customer services to be quite good.  Do they expect you to return the mattress to the store before they will process anything?

I am still unclear as to how the mattress failed and what "the side has collapsed" means in reality.  I can't picture it to an extent that it would be a problem.  I think it is normal for mattress to squish down at the side when sitting on the edge of the bed, but I would not describe that "normal" action as "collapsed".

What is possible is a deduction for the beneficial use obtained from the mattress as a proportion of typical life expectancy of a mattress.

sheramber

Does anybody sit on the side of the bed.

I was warned not do that when I bought my mattress.  It is not designed for being sat on at the side.

eskbanker

sheramber said:

Amex won’t do anything while you have a dispute open with Costco. 

S75 holds the creditor jointly and severally liable with the merchant, so it's perfectly legitimate (albeit not necessarily sensible) to claim from both concurrently, although obviously if securing a refund from one then the other would need to be notified.

GentleGiant2

Grumpy_chap said:

GentleGiant2 said:

The side has collapsed.

Card is in personal name, but the Costco is in a company name - but they wouldn't know that.

They said that as we didn't tell Amex immediately we can't claim. 

We reached out to Costco first and didn't realise we should have informed Amex straight away.

I think AMEX cannot claim this was a business purchase.

There was a long thread recently where the status of a personal purchase via a trade membership was discussed.  There were several nuances but, ultimately, I think it was the opinion of the thread contributors that the personal or trade membership status could not over-ride the reality of the purchase being in a personal capacity and, hence, consumer rights applying.  That also, by extension, means that the consumer credit act also applies, hence S75.

AMEX are jointly and severally liable and I do not believe it makes any difference whether you contact then first, second or at the same time as the retailer.  Indeed, if you only contacted AMEX, they'd probably ask what the retailer had responded to resolve the matter.

It is quite odd as I have always found Costco customer services to be quite good.  Do they expect you to return the mattress to the store before they will process anything?

I am still unclear as to how the mattress failed and what "the side has collapsed" means in reality.  I can't picture it to an extent that it would be a problem.  I think it is normal for mattress to squish down at the side when sitting on the edge of the bed, but I would not describe that "normal" action as "collapsed".

What is possible is a deduction for the beneficial use obtained from the mattress as a proportion of typical life expectancy of a mattress.

Thanks.

The outside of the mattress is far lower than the middle. Nobody sits on the edge and the mattress has been rotated etc. 

As a result it is actually very easy to fall out of bed! It is very noticable, when the bed is not made.

It is very uncomfortable to sleep on. As it is a Super King, we have the middle section, but even so.

There is no way we could return it - not even sure how we will get it out of the house anyway haha! 

But Costco have just been very slow. They say they need to come and inspect, but will not give us any dates.

Amex haven't really said why the S75 is invalid. They mentioned 120 days and also not informing them in time. 

Apparently they registered a claim and it was rejected straight away as invalid.

I have asked for a complaint to be logged.