Capital One Section 75 claim for faulty goods rejected

[daveyk1975]

I bought a mobile phone from an online company and it had a faulty screen from day one but decided it was liveable. Eventually after 3 months the screen stopped working all together.

When retailer finally collected the phone after two weeks of them screwing up the collection, they have said it is out-of-warranty because according to them it has been damaged. They have offered to give me a quote to repair it.

I have complained and stated that it is against the SOGA but they just say sorry for your disappointment but you will have to pay to get it fixed.

I had started a Section 75 claim through Capital One, they are also a company who are useless because called twice and the first time the dept were out on an away day and the second time they were too busy and had to call back in the afternoon. Eventually contacted them through their message service.

Today, my wife has just had a call from Capital One this morning and they are claiming that there is no 'breach of contract' because we didn't inform them of the fault when it first occurred.

I am sure that they can't do this?

We really need the phone back and I have just asked the company who have the phone to quote me a price for repair.

Would this effect my claim for damages/replacement if I contact the financial ombudsman?

Thanks

[Guest]

Re: Capital One Section 75 claim for faulty goods rejected

HI

Section 75 only offers a "like claim", so they re correct in saying that if there was no breach by the supplier then they are not liable.

D

[daveyk1975]

Re: Capital One Section 75 claim for faulty goods rejected

My claim is based on the phone being faulty and not damaged - that is where I was claiming for a breach.

[Guest]

Re: Capital One Section 75 claim for faulty goods rejected

My claim is based on the phone being faulty and not damaged - that is where I was claiming for a breach.

Then all you have to do is prove that the fault was there when you bought it and they breached their contract by not exchanging it, ut you cant because you didn't report it.

It boils down to you being able to prove that there was a breach on the creditors part.

D