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.

  spuds 10:37 14 Jun 2008

Any update available yet!

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