Please Help with section 75 claim

[PlanB]

Re: Please Help with section 75 claim

Can I name the retailer?

Of course you can

[PlanB]

Re: Please Help with section 75 claim

i do not want repairs but want a full refund. I am very upset about this. But the first bank is adamant that I let the manufacturer inspect.

If the sofa is faulty then you will be entitled to a full refund in law. You need to establish whether it is actually faulty first.

[pt2537]

Re: Please Help with section 75 claim

Seems like a s75 claim here against the creditor, pure and simple.

Interestingly i have an awesome Judgment coming out sooon that is exactly on this point.


You dont need to go for both banks, go for one and one only at this stage. you dont have to pay the full balance of the goods on the card either to recover the full sums, even if you paid £200 on one card, you can sue for the full £5

[PlanB]

Re: Please Help with section 75 claim

Seems like a s75 claim here against the creditor, pure and simple.

You dont need to go for both banks, go for one and one only at this stage. you dont have to pay the full balance of the goods on the card either to recover the full sums, even if you paid £200 on one card, you can sue for the full £5

The OP can sue whomever he likes but he'll only win if the sofa is established to be faulty :behindsofa:

[pt2537]

Re: Please Help with section 75 claim

i believe the SOGA 1979 as amended requires "of satisfactory quality" as one of the tests, and appearance and finish are relevant in such tests.

Further more, if i walk into a shop and see a sofa, buy that sofa on the basis of what im shown and then what gets delivered is a 6 foot long turd, i think theres a fair shout to say i have a breach of contract and thus under s75 have a "like Claim" against the creditor.

So i think the word faulty doesnt go far enough.

One needs to look at s75 which covers all breach of contract situations, and of course misrepresentation including fraudulant mis rep

[PlanB]

Re: Please Help with section 75 claim

i believe the SOGA 1979 as amended requires "of satisfactory quality" as one of the tests, and appearance and finish are relevant in such tests.

Further more, if i walk into a shop and see a sofa, buy that sofa on the basis of what im shown and then what gets delivered is a 6 foot long turd, i think theres a fair shout to say i have a breach of contract and thus under s75 have a "like Claim" against the creditor.

So i think the word faulty doesnt go far enough.

One needs to look at s75 which covers all breach of contract situations, and of course misrepresentation including fraudulant mis rep

But what if your turd had been assembled wrongly and not misrepresented as 'goods' and there was nothing 'faulty' with the 'quality' of the actual goods that 10 minutes with a competent assembly bloke with a screwdriver couldn't put right?

[pt2537]

Re: Please Help with section 75 claim

But what if your turd had been assembled wrongly and not misrepresented as 'goods' and there was nothing 'faulty' with the actual goods that 10 minutes with a competent assembly bloke with a screwdriver couldn't put right?

if its supplied and fitted, then doesnt the above still apply, along with the duty to carry out the installation with reasonable care and skill under the supply of goods and services act?

And thus wouldnt you still have the fundamental breach of contract needed for the like claim under s75?

[PlanB]

Re: Please Help with section 75 claim

if its supplied and fitted, then doesnt the above still apply, along with the duty to carry out the installation with reasonable care and skill under the supply of goods and services act?

And thus wouldnt you still have the fundamental breach of contract needed for the like claim under s75?

Fair point. And what would the DJ say if the claimant refused to allow the supplier of the potentially faulty goods to inspect them and produce a report before issuing proceedings?

I'm anticipating the retailer's response to the OP's LBA to them in the light of Pre-Action Protocol and the OP's refusual to allow a professional inspection which has been offered to him for free

[London3]

Re: Please Help with section 75 claim

Fair point. And what would the DJ say if the claimant refused to allow the supplier of the potentially faulty goods to inspect them and produce a report before issuing proceedings?

I'm anticipating the retailer's response to the OP's LBA to them in the light of Pre-Action Protocol and the OP's refusual to allow a professional inspection which has been offered to him for free

Hi all,

Regarding assembly: the sofa came in 3 pieces and clicks togetherness like a jigsaw piece. They cannot fix this with a screwdriver. They assembled it correctly, even I could put it together if I had the strength to lift it. The clicks are all and is assembled correctly.

Regarding manufacturer inspection: yes will proceed with this, but will write to them and say I will not be accepting repairs prior their visit taking place as I have already rejected the goods. I am also looking into an independent inspection which I will pay for to further evidence the faults.

And for this amount of money paid, the sofa should be perfect in appearance and finish as stated by the soga.

Does my my action seem reasonable?

[PlanB]

Re: Please Help with section 75 claim

Regarding manufacturer inspection: yes will proceed with this, but will write to them and say I will not be accepting repairs prior their visit taking place as I have already rejected the goods. I am also looking into an independent inspection which I will pay for to further evidence the faults.

Does my my action seem reasonable?

Your action seems perfectly reasonable.

You've rejected the sofa because you believe it to be faulty and you've asked them for your money back. You've put the ball in their court.

They have responded by saying that they would like to get a formal inspection before they refund your money. That's reasonable too. It's quite possible that the manufacturer has an insurance claim to consider or even a claim off the retailer who could have damaged the goods during the storage/delivery process. Or there is always the possibility that you could be making it up (which we know you're not but they need to be satisfied that your complaint is genuine). Liability for the damage may need to be established behind the scenes although it's not your problem. Your contract is with the supplier and not the manufacturer.

Your question at the start of this thread was should you allow that inspection because you believe it would be biased. I think you should. After you receive the manufacturer's report you can make your next move if they don't refund you. As PT has said you can make a move against only one of the credit card companies. I would select the one which has been the most co-operative so far

[London3]

Re: Please Help with section 75 claim

Thank you all greatly for all your advice. Will proceed with booking the free inspection and will update you all with the outcome.

[London3]

Re: Please Help with section 75 claim

Dear all,

An update. We had the inspection on saturday just gone.He informed us yes the seating is misaligned resulting in gaps between the seating and that is why we can see the floor. Three cushions are different sizes. He also found a rip on one of the cushions, marks and discolouration on the leather and informed he identifies all the faults. He took photos and took written notes and the report will be with Joysleep Limited by Monday 27th January 2014. The only thing is I do not yet have the report in my hands and for all I now the inspection guy could have wrote something completely different when he went back!!!!!

I have today emailed Joysleep and have requested that they send me a copy of the report. I am doing my best to get a copy of the report from the retailer but do not have confidence in the retailer in providing me with a copy of the report. If they do not give me copy this will then look like they have something to hide?

Called Halifax and informed them of the inspection said they will give the retailer 3 weeks to review the report and maybe then will make contact with them. The customer services guy was very blazeh about it and was trying to fob me off. I said 3 weeks is too long.

I have wrote them a letter and said this is unacceptable and they are causing a unreasonable delay and said I give them 14 days days to get a copy of the report. If not I will pay for another independent inspection to re-iterate the findings and will sue them through the small claims court. Is this ok?


HSBC, have put the money back on my card through charge back, but said they may have to take it back if they unsucessful recouping the money from the retailer. This I what I said to them: From your letter you have credited my account with the amount of 1200 pounds. It is all very well that you have done this and have also accepted that there are faults with the sofa from the evidence I have provided to you. However, under section 75 I am entitled to the full amount paid for the sofa which is 4600 pounds and want this put back onto my card under section 75 of the Consumer Credit Act 1974.

I have also told them to pursue Joysleep and get a copy of the report!