Successful Section 75 Claim & Torts Act ... now I'm properly confused !!

[O_T_T]

Greetings,

I wonder of one or other of you knowledgeable persons could help by throwing some light on our situation.

 

We were advised by Santander on Friday that they had accepted and had started processing our Section 75 Claim

which we made in respect of a hot tub that we purchased some few months back.

 

Since the claim started, we have had no contact from the retailer.

 

The problem arises as there now appears to be a difference in opinion between Santander (credit card issuer)

and our home insurance company's legal department.

 

On the one hand Santander are advising that title to the hot tub remains with us after completion of the payment from them to us,

 

whilst the legal dept. over at Direct Line (home insurer's legal cover department) are advising that we are subject to the Torts Act, sections 12 & 13.

 

How do I find out which guidance is correct .

 

.. although I would suspect the the guys n gals over at Direct Line might be favourites here ??

 

Many thanks

[steampowered]

If you have validly rejected the hot tub under SOGA in order to claim a full refund, then Direct Line are correct. The hot tub would then belong to the retailer and you would need to make it available for collection. I'm not sure there is any legislation that actually states this but it is clear from reported case law.

 

I suspect Direct Line are referring to http://www.legislation.gov.uk/ukpga/1977/32. There is a lot of legalese in there, but it basically allows you to sell the hot tub if the retailer refuses to collect by following the process set out in the Schedule to that Act. You'd still have to pass the sale proceeds to the retailer though.

[O_T_T]

Greetings,

Thanks for the response ... and it was more or less what we expected as we've already issued the company with a deadline for collection as per Section 12 & 13 of the Torts Act.