Can I get recourse through section 75?

mettlemickey

Hello, would appreciate advice from those in the know. In March this year I bought some HiFi speakers for approx. £2000. I paid on my Barclaycard Visa (deposit first and full balance a little later). One of the speakers has since split on the side casing. Not through damage, it just split. Also this is approx. 6-7 months after delivery. I thought this would be a straightforward warranty claim, but the manufacturer says since it didn’t happen in the first 30 days, the only possible cause is accidental damage. Fully dismissing the possibility of manufacturing or material fault. Of course I have pointed this out and there has been much back and forth. They also say since it doesn’t affect the speakers performance (it’s aesthetic) they are not obliged to cover it. I think they should ensure their products are fully sound and don’t materially degrade in such a short period, but they disagree. I have also approached the retailer who was quick to side with the manufacturer, taking the stance that I can’t prove it’s a manufacturing/material fault, so I must have damaged them. I have been offered the chance to buy a replacement at a discounted rate, but this seems unfair and inappropriate, I think they should repair the fault or replace the item at their expense, but they have made it clear they will not. 

So, it would be great to find out if I’m covered under section 75 for repair or replacement. I really feel the manufacturer and retailer are shirking their responsibilities here and the product wasn’t cheap. Any advice much appreciated. Thank you. 

Woodstok2000

If its more than 6 months, the onus is on you to prove the fault was there when the item was sold. An independent report or similar would be good, but may be hard to determine the root cause definitively in this case, and may be expensive. Once youve exhausted all avenues with the retailer you can try s75, but they might want the same evidence. Worth a shot though.

elsien

You need to be going through the retailer of hold your consumer rights which are different to any warranty offered by the manufacturer. 

Who did you buy them from? And as above, precisely when because that six month cut-off date is particularly important.

eskbanker

Section 75 just grants you exactly the same legal rights against the creditor that you have against the supplier, so isn't some sort of silver bullet, but in order to pursue a claim you'd need to get the fault examined by some sort of independent expert who'd confirm (or otherwise) in writing if the fault was a manufacturing flaw or the like that was present (even if latent) at time of sale.

Grumpy_chap

What material is the side casing?
In what way has it split?
Where have the speakers been used?  In relation to any sources of damp, condensation, sunlight, heat, temperature variation...
Is it only one of the pair that has the split casing?
Is it fully split all the way through, or simply an external veneer that has split?
The last question might have a bearing on whether the fault is cosmetic or more than that.  If the casing is designed to influence the reverberations emanating from the speaker and the split affects that vibration pattern it could affect the sound quality.
What make and model are the speakers?

MyRealNameToo

mettlemickey said:

Hello, would appreciate advice from those in the know. In March this year I bought some HiFi speakers for approx. £2000. I paid on my Barclaycard Visa (deposit first and full balance a little later). One of the speakers has since split on the side casing. Not through damage, it just split. Also this is approx. 6-7 months after delivery. I thought this would be a straightforward warranty claim, but the manufacturer says since it didn’t happen in the first 30 days, the only possible cause is accidental damage. Fully dismissing the possibility of manufacturing or material fault. Of course I have pointed this out and there has been much back and forth. They also say since it doesn’t affect the speakers performance (it’s aesthetic) they are not obliged to cover it. I think they should ensure their products are fully sound and don’t materially degrade in such a short period, but they disagree. I have also approached the retailer who was quick to side with the manufacturer, taking the stance that I can’t prove it’s a manufacturing/material fault, so I must have damaged them. I have been offered the chance to buy a replacement at a discounted rate, but this seems unfair and inappropriate, I think they should repair the fault or replace the item at their expense, but they have made it clear they will not. 

So, it would be great to find out if I’m covered under section 75 for repair or replacement. I really feel the manufacturer and retailer are shirking their responsibilities here and the product wasn’t cheap. Any advice much appreciated. Thank you. 

Which speakers are they?
Who's the retailer?

Presumably they arent near a radiator or in direct sunlight or other matters that will cause more localised movement and so increase the risk of the veneer breaking. 

Be it the retailer or the bank you are going to need a report on what's caused the problem as its over 6 months old