Section 75 Loan company or Creditcard

I'm looking for some advise.

I have bought a new kitchen from Wren and it has all gone terribly wrong. My faith in Wren to resolve the fitting and the overall quality of the kitchen is now zero after months of emails and phone calls all I get is the run around.

I have been advised to take it up with the credit company which is Barclays partner finance as I took out a buy now pay in 12 months with no interest, rather than paying it all up front. I also paid the 10% deposit on my MBNA credit card circa £1000.

What I would like to knows is what is the best route to peruse this section 75 claim against in an attempt to get my money back for the failed fitting service and poor quality of the units. Would it be Barclays or MBNA?

Any advise would be welcome.

Thank you...

Comments

  • They both have equal responsibility, so it's your choice.
  • Thanks zx81 for your quick response


    Do you know if there is a time limit in raising these issues with the credit companies?


    Thanks
  • It's effectively within the same time limits as the purchase conditions - eg if a product is meant to last 20 years, then you have 20 years. If it's meant to last a week, then a week.

    But don't delay raising it once you feel you're not getting anywhere with the retailer. The sooner the better.
  • Car1980
    Car1980 Posts: 299 Forumite
    First Anniversary First Post Combo Breaker
    Was the credit was arranged through Wren?

    A section 75 is good for getting refunded but all you have paid out is the £1000? Is that correct? You don't pay a penny more for 12 months?

    I would have thought it would be easier to persevere with Wren. You need to formally reject the kitchen by recorded delivery, give them a timescale to collect the kitchen, refund the deposit and cancel the credit or else you will take them to court.

    You have 6 years for a section 75 so I'd just hold fire. They will need to see evidence you have rejected the kitchen anyway.
  • r00ns3
    r00ns3 Posts: 4 Newbie
    edited 5 September 2017 at 4:12PM
    Thanks Car1980.

    Yes the credit was arranged by Wren.

    The kitchen is fully fitted by Wren and my complaint is about the length of time it has taken Wren to fit the kitchen, which is still not complete. The quality of the units and the quality of the fitting.

    Wren are non responsive to my requests despite writing directly to the CEO. It is very difficult to reject the kitchen as it is now fitted.

    Any further advise will be most welcome.

    Thanks
  • Car1980
    Car1980 Posts: 299 Forumite
    First Anniversary First Post Combo Breaker
    It's a tricky one because you can't keep the kitchen if you are claiming it is incomplete and badly fitted in the same way you can't reject a new car and keep it. Obviously it's a bit tricky not to use a kitchen!

    What did you say when you wrote to the CEO? There's a difference between complaining and formally rejecting for what amounts to breach of contract.

    If you make a section 75 claim they'll want to see evidence of the faults and your efforts in rectifying if with Wren, so you have to exhaust this avenue to prevent being fobbed off.
  • In my letter to the CEO I outlined and listed my concerns around the quality of service, quality of product and the delay in getting the matter rectified.

    I have documented all events and have pictures and reports from Wren staff to substantiate my points. I have not formally rejected the kitchen as I am not sure where I would stand as they removed a perfectly functioning kitchen to put this one in. We only renewed the kitchen for a more modern look. I can't get them to put the old one back.

    Any further advise would be most welcome.

    Thanks
  • You'd be claiming for a refund and losses incurred through the destruction of your old kitchen units then.

    You have to go by the book really because MBNA will reject your claim at every opportunity. You can claim against multiple parties at the same time but it gets messy.

    You've told Wren that you're not happy, but I'd send them a final rejection letter, along with your losses as a result of the destruction of the old units and give them 14 days to arrange removal and refund.

    I'd say you need a final deadlock letter to add to the pack you're going to send MBNA with your claim. MBNA won't just pay up on the back of a complaint letter - they'll need to see you've told Wren to f-off basically and that Wren haven't adhered to your final demand.
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