Section 75 declined by Barclays & company respond

[Rockydoodle70]

So I bought a hairdryer airstyler (similar to an Dyson air wrap).
I bought it on my Barclaycard from Beauty Bay.
I used it maybe once a week for about 3 months before it made a crack noise and snapped with springs falling out! Broken and useless now.

I looked online and others saying this happened to them with the same item (this was on a TikTok video and lots of comments underneath) suggesting to me this is either poor quality or a manufacturing issue.

I contacted Beauty Bay who said it wasn’t a fault at the time of purchase and they would not entertain and repair, replace it.
I quoted consumer law and the company just ignored it.

I contacted citizens advice who reported Beauty Bay to trading standards and told me to use section 75 with Barclaycard.

Barclaycard have taken about 4 weeks to say
“We note the item became faulty after use” and
“In this circumstance, as the item was not defective/ faulty at the time of receipt, protection is not afforded under section 75 of the Consumer Credit Act 1974 and we are not in a position to accept your claim”

I was under the impression that
the burden of proof was with the retailer to prove the item wasn’t defective faulty at the time of purchase (I believe its was and it was only a matter of time before it broke).

The item of over £100 should be of satisfactory quality. Again I believe it wasn’t. Also it shouldn’t break during normal use. It should last more than 3 months given the item and price!

My question is does section 75 not cover any of this? Are Barclaycard correct?

It’s the weekend and the Barclaycard dept aren’t in apparently so I need to call on Monday but I want to get my facts straight before talking to them and disputing it. I can’t see they have investigated it at all with Beauty Bay.

I don’t want to have to take Beauty Bay to court about consumer law, as it’s very convoluted.

Please help!

I don't have legal advice, but you could contact the Financial Ombudsman as the next step in your dispute with Barclays.

Barclaycard are wrong. For any problem that arises in the first 6 months it is assumed that the issue was present when the item was delivered. If the retailer or credit card provider want to argue otherwise, it is up to them to prove that the item has failed due to misuse or accidental damage. Consumer Rights Act 2015 S19(14). You are indeed covered by section 75. Dispute this with Barclaycard. The law is on your side.

So I called Barclaycard this morning. The person on the phone was very nice. I said if they didn’t want to help that I need a letter of deadlock for the ombudsmen. He seemed to think that it would be rejected again (not sure if that was true). He was baffled at Barclaycards response but spoke to a manager they did a ‘good will gesture’ and refunded the money. Whilst I am annoyed beauty bay got away with it, I have decided to pick my battles.

You've had it for 3 months.

You can reasonably expect it to last longer than that, therefore it is not fit for purpose. Beauty Bay are liable. Push back to them first.

Edit. You replied with a different username

I'm glad you got your money back. Incidentally, your bank shouldn't be pre-empting the Ombudsman's decision - but it doesn't matter now.