Section 75 claims. What "evidence" am I obliged to provide?

[Redletter]

Good evening all.

 

I have a problem with a rather expensive item, namely an LED lighting fixture which is designed to sit on brackets 3 inches above my aquarium.

 

I chose this particular item because it is supposedly of superior quality when compared with cheaper alternatives

and it was offered with the manufacturer's 2 year warranty which was high on my list of considerations.

 

 

I had read on several fish keeping forums that the manufacturers supposedly gave great customer support

and in some cases have even given support and parts Free Of Charge on items on which warranty had expired.

In my case, the warranty has not expired as I purchased it in May 2013 on interest free credit.

 

The unit has developed a fault.

I informed the manufacturer's supposedly "great customer service department" of the problem and sent photos by email.

Their response was very disappointing.

 

They said that the damage looks like "burning of the contacts" and that it was "most likely caused by humidity".

They went on to say that their warranty does not cover damage caused by humidity, water or salt.

 

 

This is for a light fitting which, as said, is designed to fit on the same manufacturer's brackets just 3 inches above the water!

In actual fact, unlike most aquarists I know, my aquarium is covered with perspex/ glass covers

which protect the light from humidity and salt creep to some extent.

 

I was told by the manufacturer that I must order the replacement parts and pay €300+ for them.

I must then return the faulty parts but will only be refunded if the damage is covered by the warranty.

 

I find this totally unacceptable having paid over £1700 for the light and brackets, believing that it was covered by a 2 year warranty.

In my opinion this renders the light as unfit for purpose under the terms of The Sale of Goods Act 1982.

I have conveyed this sentiment to the manufacturer.

I then asked the retailer who sold me the light to deal with the manufacturer

and I received the following reply from the retailer...

 

"Hi (Redletter),

I couldn't speak to Jamie but spoke to anothe guy at (manufacturer) think it was same one who's been emailing you

He has said the same to me as he did to you

He can send new parts and charge you and then refund once old parts are returned if they are faulty

Or you can return old parts first and if found to be faulty then they will replace them

 

As the unit is out of the years retailer warranty I have to take their advise on this and do what they ask of me

 

I explained your concerns about it being close to the tank and no adequate seal

but their response was it needs to be kept clean to stop salt creep getting into it

Something which I or them can't know for sure has happened properly"

 

Bearing in mind the manufacturer has already stated that he believes it to be humidity damaged and is not covered,

I feel that if I pay for new parts and return the old, I will just be told it was indeed humidity damage and never refunded.

 

Please note the unit was bought from a supplier in England and the Manufacturer is based in Germany and the light built in Austria.

 

1) Do I have any rights under the sale of goods act 1982?

2) If so who against? Retailer/Manufacturer/ Credit Company???

 

I can't really send the parts for inspection without replacements as the light will not work and my corals will probably die.

 

PLEASE ADVISE.

 

 

Thank You.

[Conniff]

Hard one this Redletter.

 

 

You need to get in with a letter sent recorded telling them as it was advertised for a fish tank that you would expect it to have protection against condensation and water ingress and you would certainly expect it to last longer than it has.

Tell them you consider it of unsatisfactory quality and not fit for purpose per the Sale of Goods Act 1979 (which last 6 years).

[Redletter]

Hard one this Redletter.

 

 

You need to get in with a letter sent recorded telling them as it was advertised for a fish tank that you would expect it to have protection against condensation and water ingress and you would certainly expect it to last longer than it has.

Tell them you consider it of unsatisfactory quality and not fit for purpose per the Sale of Goods Act 1979 (which last 6 years).

 

Thanks for your reply.

Do I take this up with the shop or the supplier?

[BankFodder]

The shop

[Redletter]

Hi all thanks for your advice on the above.

 

 

I have to admit I have been putting this off for a while as I am unsure of the wording I should use in my letter.

 

 

I have a tendency to waffle a bit and repeat myself.

I want to include only what is relevant from the above and I need to come across as if I know what I'm talking about.

 

Any help with suggestions for the necessary wording in order to get the message across would be greatly appreciated.

 

Thank you in advance..

[dx100uk]

to this point

it appears you've dealt the Manu.

 

 

its the retailer, the shop, whom your issues should be directed at.

under SOGA

[Redletter]

Thanks yes that is what I was told by BankFodder but I am just wary of getting the wording of my letter wrong. I did email the supplier and asked him to deal with the manufacturer himself. He didn't seem to have any luck with them and as per the email he sent me detailed above, he seems to think he has to do what they tell him!

 

He says that he has to take their advice as his supplier warranty was only a year.

 

The manufacturers wareanty is 2 years.

 

I did not get any terms of warranty with the goods nor can I find their terms on their website.

[dx100uk]

forget the warranty, soga is your friend.

 

 

dx

[Redletter]

Thanks. Just one other thing. The post above is timed at 13:21. The clocks haven't gone forward yet have they?.

[ericsbrother]

it saya 12.21 on my computer but sometimes your local settings will read differently. Occasioanally Google is convinced I am in France and Ebay thinks I live in the USA

[Redletter]

Thanks.

Could anyone point me in the direction of a suitable letter template which I could adapt to suit my circumstances, or at least a similar thread with a similar issue that was resolved?

Thanks in advance.

[dx100uk]

template for fish tank light.???

 

 

put post 1 in a letter

 

 

to the shop

 

repair/replace/refund

as they think fit as it has failed to last a reasonable time.

 

 

if you go read say the which soga site

there are numerous examples there.

 

 

dx

[Redletter]

template for fish tank light.???

 

 

put post 1 in a letter

 

 

to the shop

 

repair/replace/refund

as they think fit as it has failed to last a reasonable time.

 

 

if you go read say the which soga site

there are numerous examples there.

 

 

dx

 

Ha no!

I meant a template quoting the correct way to use SOGA ie the relevant sections.

I will check out the which site thank you.

[Redletter]

I contacted my credit card provider and requested a Section 75 claim form.

 

The faulty item cost around £1700. £355 deposit paid by credit card, the rest on interest free finance offered in the shop.

 

The item was sold with a 2 year manufacturers warranty.

It failed before 20 months.

There are no warranty terms on the manufacturers website.

 

The retailer said he approached the manufacturer but he "had to do what they said"

and they said they wanted over 300 euros for replacement parts as "this type of damage is not covered".

 

In my opinion the product I was not fit for purpose as it is a light fitting for use 6 inches above an aquarium

and the manufacturer states that the damage is caused by humidity!

There is no seal between the Perspex covers and the electronics of the unit which in my eyes is a major design flaw.

 

The credit card provider tried to fob me off with a "disputed transaction" for the deposit.

I made it clear that " I wish to claim under Section 75,of the Consumer Credit Act 1974".

 

They started to "fill in a form on my behalf" asking lots of questions about whether I had evidence of payments to credit provider,

receipts for payments etc.

They started on about "proof of correspondence with the retailer" .....

 

I pulled them up at this point and reiterated that I wished to claim under Section 75

and that I had no obligation to contact the retailer nor provide evidence of such

and that they are equally liable for the entire amount to be refunded to me in the event of a breach of contract under SOGA.

 

I insisted that I can fill in my own forms and they said they will send them out.

 

Surely I don't have to start paying my bank for copy statements to prove I paid by direct debit?

[dx100uk]

can you not get the statements online or via a £10 SAR?

 

 

dx

[Redletter]

Thanks for the reply dx. I managed to find my annual statements from the credit provider.

I am now awaiting a final decision from the FOS