Section 75 claim

desres52 · 5 January 2018 at 6:33PM

Evening all, I would appreciate your thoughts on an issue I have with a credit card purchase.
May 2017, kitchen purchased including cooker extractor hood. Not living in the property at the time as extensive renovations/extensions undertaken.
Kitchen and appliances fitted July.
Moved back in to property 4/11/17. A few days later we noticed that the 'extractor' hood was not extracting at all. It appears that the fan inside the chimney stack was too tall and due to this it could not be ducted out through the wall, and due to a sloping roof and wooden joists/ velux windows, could not be ducted out through the roof either. So there was insufficient angle for the pipe to go through the wall. Contacted the builder, who advised to contact the kitchen company, which I did by phone and by e-mail on 10/11/17. Since then, I have been back and forth between builder, kitchen company and kitchen company's head office, numerous phone calls and e-mails. All stating it is the other's fault and as it is more than 6 months, they (kitchen co) can't do anything. My argument is that they are the professionals, not me, and they have supplied an extractor hood that it not suitable for my kitchen. They have even suggested on numerous occasions that I contact Neff, the manufacturer, to see why it is not working properly - which is a waste of time as I already know why. They did supply an air re-circulating kit, which I didn't ask for and wasn't something that I wanted.
Due to the timescale, would I still be able to claim from my credit card company under a Section 75? Or would I have grounds under the Consumer Rights Act.
I am quite exhausted by the whole situation, given that we saved for may years to get this new kitchen.

Any suggestions or advice would be gratefully received. Thank you.

jonesMUFCforever · 5 January 2018 at 7:59PM

So who actually fitted the kitchen?#
Was it the builder or the kitchen company.

If the kitchen was supplied as per your order and all the parts were there but was bodged by a builder I can't see how the kitchen company could be held responsible,

eco_warrior · 5 January 2018 at 9:00PM

As the previous poster has said it depends who is really to blame and if it’s the builder who paid him. If he was subcontracted by the kitchen provider then that would be fine I’d expect in respect to a s75 claim. I also don’t see any issues timewise, you noticed as soon as you moved in.

desres52 · 8 January 2018 at 9:01PM

It was my builder who fitted it, and we paid him. There's nothing wrong with the fitting except the fan inside the chimney stack is too tall and the 90 degree pipe for the outlet would be through the fascia board on the outside. My new roof slopes, they were made aware of this but they did not mention anything about taking this into consideration when we made our purchase.

jonesMUFCforever · 9 January 2018 at 12:20AM

So IMO you need to chase the builder for damages. He should have known when fitting the kitchen about the problem and advised you accordingly.

Section 75 claim

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