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  • FIRST POST
    • ak613
    • By ak613 13th Jan 19, 8:07 PM
    • 10Posts
    • 2Thanks
    ak613
    Section 75 claim
    • #1
    • 13th Jan 19, 8:07 PM
    Section 75 claim 13th Jan 19 at 8:07 PM
    Hi,

    I have a laptop that I bought on 30/10/18 for just under £1700 (I am an IT professional so the expense is justified) on my Halifax Clarity.

    Since then a litany of issues with it have appeared one of which was a problem with the battery which dell replaced last monday but the new battery is still problematic.

    I have spoken to dell to get a refund and it feels like they will fob me off and give me grief (they have already tried to say I am ineligible for a refund as it is over 30 days since I bought the product and after I quoted the consumer rights act to them about faulty goods they put me on hold for ages and came back and said that since I had refused troubleshooting (I hadn't refused at all) they have to refer me to a different department who will call me back some time this week to discuss the matter further. This feels like classic evasive tactics.

    To save myself time I looked it up and I can make a Section 75 claim concurrently with the refund request to dell.

    I have never done it before, but if I make a claim under section 75 (or maybe chargeback would be better?) how does the process work?

    Specifically:

    1. what sort of things will Halifax want from me to process the claim
    2. if halifax give me the money, what do I have to do going forward with Dell, i.e. do I have to be proactive about returning the laptop (and who do I return it to - CC company or dell), does the laptop still technically belong to me, or do I stick it in a drawer and wait for someone to arrange collection?

    Thanks for giving your time in reading this.

    Regards,
    ak613
Page 1
    • Terry Towelling
    • By Terry Towelling 13th Jan 19, 8:36 PM
    • 1,062 Posts
    • 865 Thanks
    Terry Towelling
    • #2
    • 13th Jan 19, 8:36 PM
    • #2
    • 13th Jan 19, 8:36 PM
    For a S75 claim to work you need to provide evidence that the supplier is in breach of contract or has misrepresented something and (I believe - but am not sure) that the item was purchased for personal use rather than business use. Perhaps you fall foul of that requirement.

    For a Chargeback to work (presumably on the basis that the goods are faulty and that those faults were inherent at the time of delivery) you would need to try and resolve the matter with the retailer, tender return of the goods to the retailer (It's a MasterCard I believe) and ask for a repair/replacement or refund but not receive same.

    Whether your desire for a refund trumps the retailer's desire to repair or replace, I am not sure.

    My usual caveat on the Chargeback guidance is that my knowledge is quite old. There are others on the forum with more up-to-date knowledge who will confirm or deny my words.
    • dj1471
    • By dj1471 13th Jan 19, 9:22 PM
    • 1,534 Posts
    • 1,074 Thanks
    dj1471
    • #3
    • 13th Jan 19, 9:22 PM
    • #3
    • 13th Jan 19, 9:22 PM
    You need to be clear on why you purchased the laptop. Was it for personal or business use?

    If you purchased for personal use then the Consumer Rights Act says that the initial 30 day period in which you can reject the goods is paused when they are being repaired:
    http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted

    Given that, if you're still within 30 days then you have the right to reject.

    Section 75 would be possible if you purchased as an individual or a sole trader, but it doesn't give you any additional rights beyond what you have against Dell.
    • ak613
    • By ak613 13th Jan 19, 9:26 PM
    • 10 Posts
    • 2 Thanks
    ak613
    • #4
    • 13th Jan 19, 9:26 PM
    • #4
    • 13th Jan 19, 9:26 PM
    Definitely for personal use
    • eco_warrior
    • By eco_warrior 13th Jan 19, 9:38 PM
    • 248 Posts
    • 91 Thanks
    eco_warrior
    • #5
    • 13th Jan 19, 9:38 PM
    • #5
    • 13th Jan 19, 9:38 PM
    As long as the invoice is in your name and not your company/business name then it being used for work isn’t a problem for a s75 claim, just don’t bring it up.

    The merchant has already had a chance to resolve the battery issue but if you are saying it’s not worked then you can now raise a claim with your card provider.

    For either a chargeback or s75 claim you will need to (at some point) provide evidence of the faults with the laptop in the form of an independent expert report.

    From what you’ve said the card provider should proceed with a claim imo. Most likely a chargeback as the purchase was within the last 120 days and this costs the bank £0.
    • eco_warrior
    • By eco_warrior 13th Jan 19, 9:45 PM
    • 248 Posts
    • 91 Thanks
    eco_warrior
    • #6
    • 13th Jan 19, 9:45 PM
    • #6
    • 13th Jan 19, 9:45 PM
    Meant to add

    With a chargeback the goods generally go back to the merchant (or are at least offered back).

    With a s75 claim the bank/card provider will advise what happens to them but they donít go back to the Merchant as the bank is refunding you. Banks will offer auction off the goods or even have them donated to charity etc.
    • ak613
    • By ak613 13th Jan 19, 9:46 PM
    • 10 Posts
    • 2 Thanks
    ak613
    • #7
    • 13th Jan 19, 9:46 PM
    • #7
    • 13th Jan 19, 9:46 PM
    thanks for the reply.

    How do I obtain an independent expert report? i.e. what is typically considered valid evidence for consumer electronics like a laptop?
    • Nasqueron
    • By Nasqueron 13th Jan 19, 10:03 PM
    • 6,990 Posts
    • 4,358 Thanks
    Nasqueron
    • #8
    • 13th Jan 19, 10:03 PM
    • #8
    • 13th Jan 19, 10:03 PM

    The merchant has already had a chance to resolve the battery issue but if you are saying it’s not worked then you can now raise a claim with your card provider.
    Originally posted by eco_warrior

    OP says the tech team will ring him back this week to talk about it. They have not had a chance to resolve the general problems, all they have done is swapped the battery which isn't the issue it seems.
    • ak613
    • By ak613 13th Jan 19, 10:17 PM
    • 10 Posts
    • 2 Thanks
    ak613
    • #9
    • 13th Jan 19, 10:17 PM
    • #9
    • 13th Jan 19, 10:17 PM
    OP says the tech team will ring him back this week to talk about it. They have not had a chance to resolve the general problems, all they have done is swapped the battery which isn't the issue it seems.
    Originally posted by Nasqueron
    The battery issue is still present in the new battery. Another issue is a problem with the fan making a loud buzzing sound which I have raised a support request about previously but which they decided not to make any sort of intervention. There are a few other issues but the main one is that the laptop cannot be put to sleep (a very basic function that all laptops have supported for over 2 decades) and which is not a problem with my specific laptop but which I have discovered is a problem for all laptops of the same model.
    • eco_warrior
    • By eco_warrior 13th Jan 19, 11:22 PM
    • 248 Posts
    • 91 Thanks
    eco_warrior
    One failed attempt to resolve is enough for a chargeback to kick in but there seems to be multiple issues with this one.

    In terms of an expert you’d really just be looking to take it to a person/shop that either sells or repairs computers, something along those lines.

    They would need to verify what’s wrong with the laptop and confirm it was a manufacturing fault or at least something you hadn’t caused.
    • eco_warrior
    • By eco_warrior 13th Jan 19, 11:23 PM
    • 248 Posts
    • 91 Thanks
    eco_warrior
    But speak to your card provider first before anything else
    • ak613
    • By ak613 13th Jan 19, 11:33 PM
    • 10 Posts
    • 2 Thanks
    ak613
    Thanks for the reply.

    If/when I do get refunded what should I do with the item?
    • chattychappy
    • By chattychappy 14th Jan 19, 9:14 AM
    • 7,069 Posts
    • 3,910 Thanks
    chattychappy
    As long as the invoice is in your name and not your company/business name
    Originally posted by eco_warrior
    Agreed. It is often claimed that buying something for business use defeats a S75 claim, but the Act doesn't make any distinction*. If the main cardholder made the purchase (ie is on the invoice) then S75 applies.

    (*distinction according to transaction. The CC itself must be taken out under the CCA1974. So a company credit card wouldn't be covered.)
    Last edited by chattychappy; 14-01-2019 at 9:18 AM.
    • Nasqueron
    • By Nasqueron 14th Jan 19, 9:36 AM
    • 6,990 Posts
    • 4,358 Thanks
    Nasqueron
    One failed attempt to resolve is enough for a chargeback to kick in but there seems to be multiple issues with this one.

    In terms of an expert youíd really just be looking to take it to a person/shop that either sells or repairs computers, something along those lines.

    They would need to verify whatís wrong with the laptop and confirm it was a manufacturing fault or at least something you hadnít caused.
    Originally posted by eco_warrior

    They haven't attempted to fix it though, they just sent a new battery and tech team will speak this week. They might even just agree to replace it which will be a lot easier than trying to fight the company and provider for S75
    • sailortaw
    • By sailortaw 14th Jan 19, 10:58 AM
    • 1 Posts
    • 0 Thanks
    sailortaw
    I purchased an Ipad on line which did not arrive. I used my Santander 123 card which is on my wife's 123 credit card account. Santander has just told me they will not accept a Section 75 claim "AS I AM NOT THE PRIMARY CARD HOLDER!" Thus I have a credit card without Section 75 protection.
    • eskbanker
    • By eskbanker 14th Jan 19, 11:39 AM
    • 9,804 Posts
    • 11,670 Thanks
    eskbanker
    I purchased an Ipad on line which did not arrive. I used my Santander 123 card which is on my wife's 123 credit card account. Santander has just told me they will not accept a Section 75 claim "AS I AM NOT THE PRIMARY CARD HOLDER!" Thus I have a credit card without Section 75 protection.
    Originally posted by sailortaw
    Correct, Section 75 offers protection for the account holder (aka primary card holder) as they're the one who's responsible for the debt. Your wife could have bought the iPad to secure the s75 protection though....

    Fortunately in this case you/she probably have the option of pursuing a chargeback claim for non-delivery as this doesn't have the same stringent debtor-creditor-supplier requirements that s75 does.

    P.S. It's best to start your own thread when your issue isn't really the same as the one under discussion in this thread....
    • bris
    • By bris 15th Jan 19, 1:15 AM
    • 8,569 Posts
    • 7,471 Thanks
    bris
    Thus I have a credit card without Section 75 protection.
    Originally posted by sailortaw
    You don't have a credit card, your wife has a credit card, you are just a passenger on your card.


    Your wife is liable for everything you do on that card.
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