Section 75 - Company in Liquidation

[armm15]

Hi,

I bought blinds for our house in April 2019, I paid the deposit with debit card but the rest of the balance was paid using Nationwide Credit Card. The company went into liquidation in April of this year just under a year since getting the blinds fitted. When we bought the blinds they came with a 3 year warranty. We had issues with some of the blinds in March but they couldn't get anyone out due to covid and then subsequently went out the game.

I have since asked Nwide in early June to start a Section 75 claim. They a went ahead and started trying to use the chargeback scheme which isn't applicable as its more than 120 days since purchase. They are claiming its better to do the chargeback because if they do a section 75 i will need a independent report on the blinds. The whole point is that some of the blinds have went faulty and would normally be covered under warranty so would i need to do a section 75 every time in the next few years if i have other warranty issues?

They have also said if the section 75 is successful payment would be made when the blinds are returned to them?

Any help would be appreciated.

[R0b]

Sounds like the person(s) you've been talking to Nationwide don't quite understand. They shouldn't be refusing a section 75 claim if that's what you want and I am sure if you mentioned that you will want to make a formal complaint about their deliberate evasions not to progress a section 75 claim and report them to the FCA Enforcement Team, they would probably change their tune quite quickly.

That said, you are claiming a warranty which is not the same as exercising your consumer rights so you need to be mindful of the difference. If you are looking to claim repair/replacement under the 3 year warranty term, I suggest you have a read of my response to the thread below, which should clear things up.

https://legalbeagles.info/forums/for...istration-help

[armm15]

Thanks for your response.

The people I have spoken to definitely seem to have struggled understanding S.75. I asked for it to be raised on the 26th June and they proceeded to try a chargeback until I called again and then they started S.75 on 29th July.

I am not claiming a warranty as such. We became aware of a fault in March and the company did not get back to us and subsequently went out of business. I am claiming S.75 because I now have a faulty product. The liquidators have confirmed the warranty ceased with the company.

i have been asked for an expert report as they want to repair the blind under S.75? However I didn’t ask for this I am claiming for the full amount and now because no warranty exists I am not protected for any further faults.

the problem I have is no local companies would do something like that so I am not sure how I evidence this isn’t wear and tear.