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Faulty Fridge - Sec75 ? ****Resolved****


Dinkjames
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Hi there

 

I purchased a Samsung Fridge / Freezer in October 2010 through Laskys. I paid for it using my M&S Credit card.

 

About 6 months ago, I noticed that the internal white plastic at the back of the fridge had developed a number of cracks,

some hairline in nature, others about 3/4 mm wide. Looks like old, cracking paint does.

 

 

As Laskys (part of Comet) is now bankrupt, I contacted Samsung.

They informed me that the fridge was out of warranty and they would not repair it.

They referred me to an authorised repairer, but I opted not to go down this route as the repair

would probably cost more than a new fridge considering the whole plastic interior would have to be replaced.

 

After a recent TV program regarding faulty goods and how long they should last,

I decided to contact my credit card provider and see what they have to say.

No point in going after Laskys in this case.

M&S have now sent me a letter about my claim under Section 75 of the Consumer Credit Act.

 

They state that in order to make a claim, the onus lies with me to prove that there is a manufacturing defect with the product

and they want me to provide an independent inspection report.

Having spoken to a few companies, it looks like such a report is going to cost in the region of £150.

 

As the type of damage is clearly a manufacturing defect or material failure,

do I need to have the report done and who pays for it?

Is the bank trying to make things difficult in the hope that I go away.

 

Advice on next steps would be appreciated.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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Hi Dj

 

They always make it difficult with Chargebacks and Section 75 claims. You can claim the cost of the engineer's report back form M & S. Take some pic's send them to M & S if it will help your claim. Attach proof of purchase if you have it.

 

Send the following amended template, once you have the report. Send it Recorded Delivery.

 

http://www.which.co.uk/consumer-rights/regulation/section-75-of-the-consumer-credit-act

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_extra_protection_when_you_buy_on_credit_or_debit_card_e/consumer_credit_act_1974_-_section_75.htm

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Yes, you will need a report,

 

 

just because it is clear in your mind that the cracks must be down to either a manufacturing or material defect

sadly does not make it so, you will need to demostrate it as fact.

 

 

you will need to pay for the report then if the report confirms you suspicions

then you will be able to claim on the creditcard for the fridge and the report.

 

 

Be aware however you will not receive the full value of the fridge since you have had 4 years benifit from it.

It is easier to enter a rich man than for a camel to pass a needle

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  • 1 month later...

Thanks for the advice. I managed to get a company to provide me with the required report free of charge. They confirmed that it was a manufacturing defect. I send the whole lot off to M&S and they have settled for a 50% refund on the purchase price of the original fridge. Result.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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