Section 75 advice

[worldwidewebs]

I bought a robot mower for £1475 with my credit card last week but there's a fault with it that means it needs to go back to the supplier. I've exchanged a few messages over the weekend with him and he's indicated that the particular issue is 'very odd' and something he's not seen before. Searching through the forums I've found 1 or 2 similar (but not quite the same) issues over the last few years but not one resolution. The supplier is likely to want to take it back and try a repair but based on my investigations and the fact he's not seen the problem before I feel this has the potential to drag on. So before I speak with them tomorrow I just want to understand what my options are, especially relating to a section 75 refund should I need to go down that route.

Obviously the mower is now used as it's been on the lawn but can I simply reject it and force a refund or is he entitled to try a repair?

[Mojooo]

All s75 says is that if you have a claim for breach of contract or misrepresentation against the supplier you have a like claim against the credit card company

You need to look at the Consumer Rights Act 2015 - as it implies terms into the contract, if the product does not comply with the CRA then there is a breach of contract

If the goods are not of satisfactory quality you can reject using the 30 days 'short term right to reject'. You can opt for a repair but you don't have to. The onus is on you to prove there is a fault so practically it normally makes sense to give the supplier a chance to look at it.

Under s75 you could sue the card company if no resolution is found with the supplier. Or you could sue the supplier. Your card company will prob want to see some evidence you have tried to resolve it with the supplier before refunding you voluntarily.

[Simpo Two]

I thought it was 'repair - replace - refund' in that order, and if that doesn't work (and you have a case) then you try for chargeback or S75. Perhaps ask your CC company for advice first; I've found them very fair.

[moonigan]

Within 30 days you can ask for a refund. CRA 2015 Short term right to reject.

[AdamIM]

Above advice is correct.

Write email rejecting the mower. You have 30 days to do so if there is a fault. The Consumer Rights Act 2015 requires three standards. The one you quote is here:

Satisfactory quality – your goods shouldn’t be faulty or damaged, and of at least satisfactory quality.

If you go beyond 30 days you will have to accept a warranty repair and your rejection rights expire. If you have any doubts, reject and obtain a refund.

If the vendor refuses a refund, your credit card issuer is jointly and severally liable via Section 75 on Consumer Credit Act. They(bank) must refund you.

So in summary, you are claiming (from the vendor) under CRA Section 3-and make sure you receive acknowledgement of your email and if not write a letter recorded to their registered address.
If they fail to refund you contact your bank for a Section 75 (Consumer Credit Act)

Cheers

[deckster]

Under distance selling regs, you also have the right to cancel the order within 14 days of receiving the goods and get a full refund, without providing a reason. So that might be an even easier route than rejecting the mower under CRA.