Credit card joint liability

  ajm 22:10 20 Jan 2008

Can someone guide me with regards to the responsibility of credit card issue in respect to faulty items purchased. In short, a friend purchased a PC System with extended warranty from a retailer July 2005. Since then, she has been having nothing but problems and even when trying to to get the repairs done under the expensive warranty. Total purchase price was £2600 and paid in full using Marks & Spencer credit card.

I suggested that she contact her creit card issuer and quote equal liability under section 75 of the Consumer Credit Act 1974. She contacted her card issuer and was told that as it is more than a year, she isnt able to claim anything.

Can anyone clarify this and advise on what to do next.

  Forum Editor 00:40 21 Jan 2008

does not in itself provide grounds for a claim against a supplier. In order to invoke section 75 you must have a valid claim of breach of contract or misrepresentation under another law, such as the Sale of Goods Act or the Misrepresentation Act. If you do, then you'll have a like claim against the card provider for the full amount of the claim.

As far as I'm aware there is not a one-year time limit on claims under section 75.

What to do next? The purchase was quite a while ago, but if you fancy providing some more detail I'll try to advise. Perhaps you can tell us about the problems your friend has experienced?

  ajm 09:00 21 Jan 2008

Thank you for your response. I shall get more information from her as soon as I can. Once I have this, I shall post.

  spuds 11:49 21 Jan 2008

The point of interest would be 'extended warranty'. If this was for (example) 3 years from date of purchase, and was paid as part of the computer package deal. Then it would appear that the credit card company are taking the 'nothing to do with us attitude', but it is, and their advice about "more than a year" is incorrect.

Funny enough, I had a similar prompt reply from M&S service providers, when I made a claim once. A rather forceful letter from me in reply about their obligations, soon changed the balance of cooperation.I still wonder (on that/my experience), how many people assume the service provider is totally correct, and press or seek for no further action or help!.

Would also mention that I have used section 75 on two occasions. One was when Tempo Electrical Superstores went into administration, and I was having 'piece of mind' extended warranty problems. Initially the credit card company refused to deal with the problem, but on stating section 75 and my future actions, they covered the costs of repair.

  james551 23:01 13 Jun 2008

I don't think this has anything to do with the credit card comapny, if she has any case, its with the warranty issuer..
you can get plenty of advice about your rights as a credit consumer on Martin Lewis' site: click here
or read all about credit cards at: click here

  spuds 10:37 14 Jun 2008

Any update available yet!

  bjh 16:22 14 Jun 2008

Whether the warranty issuer, or the original supplier (and they may well both be the same), there is a clear joint liability with the credit issuer, M & S in this case. If the original payment was made as one, then the receiver of that payment is responsible for the warranty, even if they "farm it out" to a secondary provider.

I have twice had recourse to Section 75 and, in both cases, the card issuers initially denied any liability. A second, more forceful, approach was passed on to more senior helpdesk advisors and, in both my cases, a (very) satisfactory outcome was reached.

If the computer has a three year warranty, and if the company appears to be (is) in breach, then your friend should have a claim under Section 75. I note from the purchase date that a three year warranty would soon expire (July sometime, and I am sure that any case would be more easily made if the warranty was still valid.

I'm sure the Forum Editor (or the rest of us) will advise if you describe the problem in more detail.

At this late stage, I suspect the "best" you could expect would be for the credit issuer to meet the warranty conditions for repair; you'd have no chance asking for your friend's money back!

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