Section 75 advice please (Reject Repair?)

anthonyml

Hi, 

I am after a little advice please.

I have a TV from a large UK electrical retailer purchased Nov 2020, it has a 5 year warranty from the retailer which expires in Nov 2025, it is a 75" Samsung
The TV has broken down on 3 occasions. 
Repair 1 - Nov 2023 - Screen replaced
Repair 2 - March 2025 TV Kept switching off - returned unrepaired as they couldn't find the fault.
Repair 3 - 3rd July 2025 - TV switching off again, collected and now requires a new screen.
  

The retailer has now had the TV since 3rd July (They originally stated the TV would be repaired and returned within 7 days), since then i have only had generic text message updates stating "We are trying to source parts for your repair"
I have emailed a complaint to them, telephoned, used their chat service and Twitter - No one is able to give me an update as to when the part may be available, my complaint email has been ignored (I suspect the part is not available any more)

Payment for the TV was made £950 on my credit card and £1799 in the same retailers evoucher (The evoucher was supplied to me in payment for a previous faulty TV - written off ) i understand that due to this i will still be able to claim the whole £2750 back from my credit card.

So - yesterday I lodged a section 75 claim with the Halifax, i have uploaded all the required evidence to them.

My question is, given this is the third time the TV has been sent for repair and the second screen replacement required, should i email the retailer and state that i am rejecting the repair and now require a full refund? 

I want to do the right thing, i'm worried that they may offer me a much reduced voucher and i also don't want to compromise my section 75 chances of success.

Many thanks for any advice, 

  

eskbanker

Don't be under any illusion that you're entitled to a full refund for a TV purchased nearly five years ago - any refund you obtain (from retailer or card provider) would have a substantial deduction applied to reflect all those years of ownership.

Isthisforreal99

anthonyml said:

Hi, 
 i understand that due to this i will still be able to claim the whole £2750 back from my credit card.


  

Where did you get this understanding from?

eskbanker

Isthisforreal99 said:

anthonyml said:

Hi, 
 i understand that due to this i will still be able to claim the whole £2750 back from my credit card.

Where did you get this understanding from?

To be fair, that particular remark was correct within its context, i.e. the full value of a (qualifying) purchase is covered by s75, even if only a small portion of it was paid on the credit card.  However, as above, any settlement would be subject to age/value adjustment thereafter....

anthonyml

eskbanker said:

Don't be under any illusion that you're entitled to a full refund for a TV purchased nearly five years ago - any refund you obtain (from retailer or card provider) would have a substantial deduction applied to reflect all those years of ownership.

Thanks for this, I was of the understanding that I would be entitled to a refund of the value of the contract breached. The warranty mitigates depreciation, as it guarantees performance until Nov 2025.

Isthisforreal99

anthonyml said:

eskbanker said:

Don't be under any illusion that you're entitled to a full refund for a TV purchased nearly five years ago - any refund you obtain (from retailer or card provider) would have a substantial deduction applied to reflect all those years of ownership.

Thanks for this, I was of the understanding that I would be entitled to a refund of the value of the contract breached. The warranty mitigates depreciation, as it guarantees performance until Nov 2025.

No it doesn't 'guarantee performance'. And you have exercised your Consumer Rights with the retailer and not the manufacturers warranty.

eskbanker

anthonyml said:

eskbanker said:

Don't be under any illusion that you're entitled to a full refund for a TV purchased nearly five years ago - any refund you obtain (from retailer or card provider) would have a substantial deduction applied to reflect all those years of ownership.

Thanks for this, I was of the understanding that I would be entitled to a refund of the value of the contract breached. The warranty mitigates depreciation, as it guarantees performance until Nov 2025.

In what way does the warranty mitigate depreciation as such - do its terms guarantee 'new for old' replacements perhaps?

Alderbank

Firstly, to clarify how 75 works:

1. You must have entered into a contract to buy an item for between £100 and £30,000 paid for at least partly by the credit card.
2. The seller must have breached the contract, so that you have grounds to sue them.
3. You can sue the seller, but s75 means you can sue the card issuer instead for the same breach of contract because seller and card issuer are equally liable for the breach.

What very precisely does the warranty say about sorting your TV? In particular what does it say about timescales and what their obligations are if the set can't be fixed? Be aware that if this set is also written off the warranty will only pay whatever refund is stated specifically (some paid-for warranties do give a full refund if the item can't be repaired). 

Separately from the warranty, you also have consumer rights. However since you have allowed them to have another go at fixing it you must now give them a reasonable time to do so before you can claim they have breached your rights. If they can't fix it in a reasonable time they must give you a refund but it will not be a full refund under your consumer rights. After almost 5 years it could be that 'much reduced' amount of about £500.

s75 will not give you a greater amount than you are due under either the warranty or your consumer rights, it just gives you an alternative source to get it from.

anthonyml

Alderbank said:

Firstly, to clarify how 75 works:

1. You must have entered into a contract to buy an item for between £100 and £30,000 paid for at least partly by the credit card.
2. The seller must have breached the contract, so that you have grounds to sue them.
3. You can sue the seller, but s75 means you can sue the card issuer instead for the same breach of contract because seller and card issuer are equally liable for the breach.

What very precisely does the warranty say about sorting your TV? In particular what does it say about timescales and what their obligations are if the set can't be fixed? Be aware that if this set is also written off the warranty will only pay whatever refund is stated specifically (some paid-for warranties do give a full refund if the item can't be repaired). 

Separately from the warranty, you also have consumer rights. However since you have allowed them to have another go at fixing it you must now give them a reasonable time to do so before you can claim they have breached your rights. If they can't fix it in a reasonable time they must give you a refund but it will not be a full refund under your consumer rights. After almost 5 years it could be that 'much reduced' amount of about £500.

s75 will not give you a greater amount than you are due under either the warranty or your consumer rights, it just gives you an alternative source to get it from.

Thank you, at the time of purchase I had to chase the retailer for details of the warranty and they emailed me back stating that no T&Cs are available as it's just like "an extension of the Samsung 5 year Warranty" 

QrizB

Alderbank said:

... After almost 5 years it could be that 'much reduced' amount of about £500.

It could be less than that. We're 56 months into the 60 month warranty period; OP might only be due 4/60ths of the purchase price. £183.

anthonyml said:

Thank you, at the time of purchase I had to chase the retailer for details of the warranty and they emailed me back stating that no T&Cs are available as it's just like "an extension of the Samsung 5 year Warranty" 

OL, so what are the T&C of the Samsung warranty?

And how exactly is a 5-year retailer warranty and extension of a 5-year manufacturer warranty?

eskbanker

QrizB said:

Alderbank said:

... After almost 5 years it could be that 'much reduced' amount of about £500.

It could be less than that. We're 56 months into the 60 month warranty period; OP might only be due 4/60ths of the purchase price. £183.

But expected lifespan of a product isn't linked to warranty duration....