Section 75 Question...

[Shadow2981]

Couldn't decide whether this should be posted in here, or under Credit Cards - apologies if I chose incorrectly.

I am looking for some clarification re: Section 75 "protection"...

Here is the situation:

I purchased a mobile phone in April 2014 from Phones4U on my credit card, mainly because of the promotional interest free purchases I was on at the time. Now, they told me in store at the time that for next 2 years, if I have any problems or faults, to bring it back to the store, and they would either replace or repair - and if the latter, provide a suitable loan phone if needed,

Now, Phones4U have gone - and my phone did something strange - it has been overheating and battery life has gone to shit, very suddenly - and the camera lens cover (I assume down to heat) cracked (not the actual lens, but the external glass protecting the lens).

The phone is a Samsung Galaxy S5. It is waterproof to an extent (although I have never submerged it to test this). With this crack, obviously it won't be now. Samsung (based on other posts I have found online) will not warranty this - but will repair it for a fee, but will leave me without a phone (which I require for work) for at least 2 weeks.

Am I covered under Section 75 now that Phones4U are no more, I still have original receipt, and the card receipt too. My thoughts are I should be entitled to a refund so that I can buy a replacement and not need to be inconveniently without a phone - but that does sound too good to be true, and as they saying goes, it usually is!

[Never-In-Doubt]

Re: Section 75 Question...

Couldn't decide whether this should be posted in here, or under Credit Cards - apologies if I chose incorrectly.

I am looking for some clarification re: Section 75 "protection"...

Here is the situation:

I purchased a mobile phone in April 2014 from Phones4U on my credit card, mainly because of the promotional interest free purchases I was on at the time. Now, they told me in store at the time that for next 2 years, if I have any problems or faults, to bring it back to the store, and they would either replace or repair - and if the latter, provide a suitable loan phone if needed,

Now, Phones4U have gone - and my phone did something strange - it has been overheating and battery life has gone to shit, very suddenly - and the camera lens cover (I assume down to heat) cracked (not the actual lens, but the external glass protecting the lens).

The phone is a Samsung Galaxy S5. It is waterproof to an extent (although I have never submerged it to test this). With this crack, obviously it won't be now. Samsung (based on other posts I have found online) will not warranty this - but will repair it for a fee, but will leave me without a phone (which I require for work) for at least 2 weeks.

Am I covered under Section 75 now that Phones4U are no more, I still have original receipt, and the card receipt too. My thoughts are I should be entitled to a refund so that I can buy a replacement and not need to be inconveniently without a phone - but that does sound too good to be true, and as they saying goes, it usually is!

Your best bet then would be to surely raise the s.75 complaint with your bank, they will ascertain whether you will be refunded or not.... then you'll know one way or another

[Shadow2981]

Re: Section 75 Question...

Yes, I could/will if I can't find a definite answer - but I was hoping to get clarification as they could quite easily decline and be right to do so, but they could just as easily be wrong and I wouldn't have a clue whether to keep pressing as they are playing hardball, or whether they are actually being factual :/ a bit like writing to DCA claiming SB and not understanding the law, and accepting what they reply with as gospel, even if it is utterly ridiculous if you see what I mean?

[PlanB]

Re: Section 75 Question...

I purchased a mobile phone in April 2014 from Phones4U on my credit card, mainly because of the promotional interest free purchases I was on at the time. Now, they told me in store at the time that for next 2 years, if I have any problems or faults, to bring it back to the store, and they would either replace or repair - and if the latter, provide a suitable loan phone if needed,

. . . Am I covered under Section 75 now that Phones4U are no more, I still have original receipt, and the card receipt too?

Did you buy the handset sim free? If you did and it cost over £100 then s.75 should apply.

Phones 4 U was a middle man selling contracts for network providers. So if you "bought" the handset on contract then the network provider (O2, Vodafone etc) should be continuing to honour that contract and the warranty which came with it (if any). Two years is longer than the standard one year so I wonder if this was a Phones 4 U deal not a network provider one. Was there anything in writing?

The problem may be that s.75 covers goods purchased which cost over £100, and as I understand it the monthly line rental is considered as a series of separate 'payments' so unless your line rental was £100 or more each month then s.75 may not cover you.

Another thing to consider is whether Phones 4 U were offering you their Care Insurance cover (as part of the deal) which was administered by a third party (London General Insurance Company) which will still deal with claims/repairs as per usual despite the administration problems http://www.policyadmin.co.uk/

[Shadow2981]

Re: Section 75 Question...

Hi, and thanks

Yes, I bought it SIM free, and no insurance or extras - surprisingly, they never offered me insurance, the sales rep just said it has a 2 year warranty, but if I ever have an issue to take it in to the store with my receipt and they would either replace or repair as described above within the warranty period so things are looking hopeful - and yes, it was well over £100 - £569.95 if I remember correctly.

I did phone the card company a few minutes ago and they just gave me an address to write to, but said they will send me a paper statement from that month to support my letter and asked me to wait until I have received this so I can include it as evidence - which I found odd as they will surely have access to my entire account and I can send a copy of receipt....

Nope, nothing in writing, it was as they handed me receipt that they said "keep this safe.." and ran off the 2 year warranty info...

[PlanB]

Re: Section 75 Question...

I bought it SIM free, and no insurance or extras - surprisingly, they never offered me insurance, the sales rep just said it has a 2 year warranty, but if I ever have an issue to take it in to the store with my receipt and they would either replace or repair as described above within the warranty period

Nope, nothing in writing, it was as they handed me receipt that they said "keep this safe.." and ran off the 2 year warranty info...

The sales rep didn't need to sell you insurance or an extended warranty because the Samsung Galaxy S5 came/comes with a two year manufacturer's warranty. This provides a drop off/pick up at store service which sounds exactly like the situation which the sales rep explained to you.

Why don't you contact Samsung first because your bank will at least expect you to have tried to solve the problem. They may arrange for you to drop the handset off somewhere convenient and you'll get it fixed or replaced by them which will be less hassle if it works. If that doesn't work then go down the s.75 route.

Contact Samsung direct : http://www.samsung.com/uk/support/warranty/

You've only had the phone six months so they can't argue especially if you start quoting the Sales of Goods Act at them.

[Shadow2981]

Re: Section 75 Question...

I will try to contact Samsung but based on information I found when searching about whether this is a common occurrence and how easy/hard it is to fix, all the posts I found were Samsung declining to cover it under warranty as no proof it wasn't accidental damage (the cracked lens bit anyway), but offering to repair it at a cost - which takes a minimum of 2 weeks - but I need a (mobile) phone 24/7 due to my line of work - and also don't feel forking out £100 (based on what others have said) on top of what I paid for phone is particularly fair.

[PlanB]

Re: Section 75 Question...

The Sales of Goods Act is your trump card in this siltation. If the cracked screen has been caused by a fault such as the overheating battery (which I can see from internet forums is a common fault with this model) then it was not fit for the purpose for which it was sold. Simples.

http://www.which.co.uk/consumer-righ...e-of-goods-act

Go to this link from Which? where you will see that they clearly state if the retailer has gone out of business you can claim using section 75 CCA. You can also click on a template letter to send since it's a waste of time discussing this on the phone with your bank because whoever is taking the call won't have a clue - these claims are dealt with by a dedicated team within the bank

http://www.which.co.uk/consumer-righ...ed-or-repaired

Of course there will be an argument as to whether it was your fault the screen cracked not a fault with the handset but that's something we can't help you with.

I would ask for your money back as a full refund as a starting point.

[oscar]

Re: Section 75 Question...

Two Questions - cant see the answers above.

Who is your credit card provider - some are better than others when dealing with S75

and

WHEN (exactly) did you buy the phone and WHEN (exactly) did you report the fault. If it is within the first 6 months, then the Sale and Supply of Goods to Consumers Regulations 2002 may also assist you as it would be up to the retailer (who is now defunct) to prove that the phone was not faulty at the point of sale.

Is there any information on similar issues with the S5 that's come up on your search? - That would also help.

[PlanB]

Re: Section 75 Question...

Is there any information on similar issues with the S5 that's come up on your search? - That would also help.

There's a whole Twitter account devoted to the cracked screen issue. The 390 tweets suggests Shadow is not alone with this problem.

https://twitter.com/GalaxyCracks

[oscar]

Re: Section 75 Question...

There's a whole Twitter account devoted to the cracked screen issue. The 390 tweets suggests Shadow is not alone with this problem.

https://twitter.com/GalaxyCracks

Sounds like an inherent fault. Refunds for this SHOULD be no problem, but no one ever likes giving refunds.

[Shadow2981]

Re: Section 75 Question...

Thank you for those useful links. I have adapted a Which? template letter (below) - thoughts (Barclaycard is the issuer)?

Dear Sirs,

On 13^th April, 2014, I purchased a SIM Free Samsung Galaxy S5 mobile phone from a Phones 4U outlet in Cambridge, using the above card to pay the full sum of £569.95. No contract or insurance policy was offered, nor taken with this purchase. I was advised by the representative who processed the payment to keep my receipt as he handed it to me (copy enclosed), and to take the phone back to the store if I experienced any issues over the next 24 months, as I would be able to get an immediate replacement.

The phone has proved to be faulty and not fit for purpose as it (very occasionally) and intermittently overheats (to the point it is too hot to have pressed on the body, i.e. resting on leg, in shirt pocket etc…), and the most recent occurrence of this led to a crack forming in the glass lens cover on the back of the phone. When it does overheat, it also causes the battery to drain rapidly (a full charge can drain in less than an hour – whereas it can last me up to 2 days of normal usage when the issue is not present).

One of this mobile phone’s key selling points (for me) is the fact it is water resistant. Whilst I have absolutely no intention of submerging the phone under water, the fact I could use this in rainy weather if required without risk of damage certainly influenced my decision in selecting this particular model. With a crack in the camera lens cover, water resistance is no longer assured.

Due to the issue being fairly rare, intermittent, and rather spontaneous, I am unable to find a way to recreate the issue on-demand, but research has shown that both overheating, and cracked lens covers are common with this particular model. I require 24/7 access to an operational mobile phone due to the nature of my job role. I am technically astute and know that this issue is not related to any background processes which may be running on the phone, and this is certainly not the result of something that I have caused.

As you are more than likely aware based on the the mass media coverage, this national retailer has gone into administration, so I am now looking to you to provide a full refund, based on the above points. Due to the fact this is a common issue with this model, I require a different brand/model which is not affected by such problems. Therefore, a repair is not an option as this device is not fit for the purpose for which it was purchased.

I base my claim on Section 75 of the Consumer Credit Act 1974 which makes you jointly and severally liable for any breaches committed by the retailer.

I would be grateful if you could respond within 14 days, and look forward to a swift resolution.

Yours faithfully,

[Shadow2981]

Re: Section 75 Question...

WHEN (exactly) did you buy the phone and WHEN (exactly) did you report the fault. If it is within the first 6 months, then the Sale and Supply of Goods to Consumers Regulations 2002 may also assist you as it would be up to the retailer (who is now defunct) to prove that the phone was not faulty at the point of sale.

The phone was purchased 13th April, so am just over the six months. The first time it overheated was around a month after I bought it, but I did not report this at the time as once it had "self-healed" (i.e. I did nothing apart from leave it on the desk to see what happened - it ran flat) I thought I'd keep an eye on it. It didn't occur again for a while, can't remember exactly when though. I did on this occasion check active apps, running processes etc...

I thought a software update released shortly this after had resolved it as there was a bigger gap before the next occurrence, but no, it came back.

Then the last time this happened was 3-4 weeks ago - so put it screen-down a pile of papers on my desk at work, thought I heard something which may or may not have been the crack happening, but it was at hearing this I looked at the phone and saw the crack across the lens cover glass - which was annoying as Phones4U had already gone and I thought my chance at a replacement had gone with them - but then I was reminded yesterday about S.75 because of an email I got from some mailing list about S.75.

[PlanB]

Re: Section 75 Question...

I have adapted a Which? template letter (below) - thoughts (Barclaycard is the issuer)?

I think you're sounding too meek and mild. No need to apologise for the fact you've purchased a crap product. No need to play down the symptoms either, so maybe take out those references to the fault being only "intermittent" and "rare". Once is once too many.

You want your money back because the law says you're entitled to it under the terms of the Sales of Goods Act 1979 for breach of contract since the handset is not "fit for purpose":

http://www.which.co.uk/consumer-righ...e-of-goods-act

You're making the claim against Barclaycard because another law says you can under section 75 Consumer Credit Act 1974 which makes them jointly liable even if Phones 4 U hadn't gone bust:

http://www.legislation.gov.uk/ukpga/1974/39/section/75

Send off a short sharp factual letter with the receipt attached and see what comes back. If they say "No" then make it a formal complaint and remind them if they don't deal with it you will require a Final Response letter so you can refer it to the FOS (which will cost them £500 to have investigated).

http://www.financial-ombudsman.org.u...itcards-31.htm

You don't have to give reasons for not wanting a replacement because you're asking Barclaycard for a full refund and nothing else will suffice.

[Shadow2981]

Re: Section 75 Question...

Thank you - I thought I needed to justify reasons to prevent them offering to pay for repair - and emphasized that it was rare to imply I have little faith in any service centres actually seeing the issue, let alone rectifying it.

I will re-write it - short and sharp