Using section 75 for refund?

[Surfer]

Can I please have some advise how to go about actually using Section 75 of the consumer credit Act to get a refund? We had an air conditioner fitted into our caravan in May 2015 and less than 3 weeks later coming back after a day out, we found that the air con was dripping water inside the caravan and the carpet was soaked.
We contacted the supplier who advised us not to turn the temperture down too low although the lowest setting is 16C. We believed them at the time and continued to use the air con. Recently at the NEC show in October the Dometci rep was approached about the problem and he advised that the unit needs a modification whcih is a deeper condensation tray and we need to contact the supplier.
We then contacted the supplier on 18th Oct who in turn told us to contact the local Dometic service agent. Although it is not our responsibility to contact the agent, we emailed the agent and when we got no reply, we left a message on their answer machine. Still no reply!
Several days later on 29th Oct we contacted the supplier again by email to advise that the agent was not responding and they never responded. We have tried phoning, but we are put on hold listening to music and generally after about 10m - 15 minutes we give up. The unit is still within the 6 months of purchase and appears to have an inherent fault otherwise the manufacturer woudl not have amodification.
We no longer have any faith in the product or the supplier and want to be put back to how it was before we made the purchase and for them to replace the vent that they removed in order to install the air con unit.

[nemesis45]

Re: Using section 75 for refund?

Good morning,

The best approach in my opinion is to make a Formal Complaint to the company
you purchased the unit from, this requires the company to fully investigate and respond
to the complaint within 56 days.

nem
Address it to the MD

[Surfer]

Re: Using section 75 for refund?

Thank you and will try the above although they have not responded to any previous emails and unfortuantely cannot speak to them as one is put on hold every time you phone.

[nemesis45]

Re: Using section 75 for refund?

Thank you and will try the above although they have not responded to any previous emails and unfortuantely cannot speak to them as one is put on hold every time you phone.

E-mails when making a complaint are unreliable one cannot know if they
ever reach the addressee, ot land in the hands of customer (dis) Service
only to be ignored.
nem

[Surfer]

Re: Using section 75 for refund?

E-mails when making a complaint are unreliable one cannot know if they
ever reach the addressee, ot land in the hands of customer (dis) Service
only to be ignored.
nem

In between our posts, I advised the seller by formal letter sent by email that as we had not heard from them, I would be raising a complaint with Trading Standards and also using Section 75 of the Consumer Credit Act. Within minutes I got a email reply which stated that they had spoken with the agent and the agent advised them that he had spoken to me and also emailed me asking for details.
When I emailed the agent originally I gave them our address and phone number and also advised that I had the invoice to show that the unit was under warranty and what parts were required. The agent wouldalso have had my email address however they never responded or phoned despite having all the details.
The supplier in the most recent email advised us to contact the agent immediately by phoning his mobile number. We did this and guess what, it rang and rang and then went onto the answer machine and we left a message. Not holding my breath waiting for agent to reply.
Why do we have to go to such lengths to get a warranty repair done?

[Dazbrad]

Re: Using section 75 for refund?

Section 75 rights can be exercised by getting in touch with your creditcard/finance company and telling them that you want to make a claim under Section 75 of the Consumer Credit Act.

They will then post you a form to fill out where you can describe the problem with the air-con and send it back. They will then investigate, if they find in favour of your story, they will then credit your account. However, this is unlikely to be sucessful as the finance/creditcard company will not be able to prove that you didnt cause the fault, therefore they would not want to undermime a contract they are not party too.


You could get an independent trader in the same field to look at the unit and get them to write on letter headed paper what they feel the fault is a result of. If its an inherent fault with the goods get them to write this and sent this to the finance company to support your claim.

As mentioned previously, writing is the best way, regardless of the trader ignoring you.

Considering you used the word "fitted", I am assuming they installed the unit for you. Also, you mention that its a problem with the goods itself, not the installation of the goods. Furthermore, you mention that the air conditioner was purchased in May 2015.

Given this you will be arguing under a piece of legislation called the 'Supply of Goods and Services Act 1982' (SGSA). It states that 'goods must be of a satisfactory quality".

Where goods are not of a satisfactory quality, and you are not responsible for this damage, you may ask for a refund where the burden of proof will be on you to probe there is an inherent fault with the goods.

You may instead ask for a repair or a replacement, where the buden of proof will be on the trader for the first 6months to prove that the product is not faulty, or that you are responsible for the damage. After 6 months the burden of proof will be on you to prove that the product has an inherent fault.

You may also be able to claim for 'Consequential Loss' from the trader for the damage to your carpet, if damage has occured. The buden of proof will be on you to prove tha the losses you are claiming for are directly related to the faulty goods.

What you need to do is write 3 identical letters, 1 of which you need to title "Letter Before Action". These letter should all be copied so that you can prove what was said in the letters you send. The letter should be sent to the trader, &/or the finance company by recorded delivery and should be written something like below...

a) You want to say who you are
b) What you bought and when
c) Add the legislation and that the goods are not of Satisfactory Quality
d) Explain your problems with the goods
e) Include the prefered remedy
f) Say that you would like to claim for consequential loss - what, how much in value and evidence of the damage
g) In the letter you want to ask the trader whether they are a member of an ADR scheme - more about this in a moment
h) Set a deadline of anywhere between 7-28 days.
i) Send by recorded delivery

An ADR scheme is otherwise known as an 'Alternative Dispute Resolution' scheme. It is a form of mediation where an independent 3rd party acts as judge and has the power to make legally binding decisions. Being a member of an ADR scheme is not a requirement for a trader.

If the trader is not willing to help and they are a member of an ADR scheme, get the contact details of that scheme and take your case up with them. It will certainly be heaper than court, if not free.

If a trader is not a member of an ADR scheme and they are not willing to help you after you have sent your 'Letter Before Action', there is two options;

a) Go to your local court house and.pick up an 'N1' form and apply your case that way.

b) Or, go online to apply there at www.moneyclaim.gov.uk.

Hope this helps, Let us know how you get on