section 75 claim-bank is fobbing me off

lewt

Hi i recently put a claim in for section 75 from llyods and they have sent this respnse. The claim was to dell who have not been prepared to fix my wifes laptop saying it was a software issue and not theirs they then stopped responding altogther and have no answered the bank.


The letter


I feel it is important to advise you that, despite numerous attempts, we have been unsuccessful in resolving your dispute, as Dell has not responded to any of our communications. Having reviewed your case, I cannot find any documentary evidence of breach of contract or misrepresentation and regrettably, I must advise your that Lloyds is not in a position to settle your claim on this occasion.
I am sorry that I cannot offer you a more favourable response and can only suggest that should you wish to pursue the matter, you seek independent legal advice on the way forward.

Can they do this and say they dont have to pay becuase dell have not responsed?
What can i reply to this letter saying?
Is small claims an option?

we have drafted a letter to the FO however llyods will charge us interest on the laptop again after 30 days "goodwill"

Lewt

Optimist

If you feel your problem comes under Section 75 your next step is to initiate the banks complaints procedure. Then if is still unresolved take the matter up with the Financial Ombudsman. You must go through the banks process before complaining to the ombudsman though
http://www.financial-ombudsman.org.uk/default.htm

lewt

Optimist wrote: »

If you feel your problem comes under Section 75 your next step is to initiate the banks complaints procedure. Then if is still unresolved take the matter up with the Financial Ombudsman. You must go through the banks process before complaining to the ombudsman though
http://www.financial-ombudsman.org.uk/default.htm

Ok thanks for that i will startthe procedue.

artbaron

lewt wrote: »

Can they do this and say they dont have to pay becuase dell have not responsed?

Not quite accurate; what they're saying is that in the absence of input from Dell they have examined all the information they have and found that there's no evidence of breach of contract. I think whatever you do, you need to find this evidence first.

lewt

artbaron wrote: »

Not quite accurate; what they're saying is that in the absence of input from Dell they have examined all the information they have and found that there's no evidence of breach of contract. I think whatever you do, you need to find this evidence first.

what evidence? the laptop is broken. We have a diary of calls to dell and a broken laptop... im not sure what else we can offer?

any ideas?

damienuk

Well I suppose you need to be able to carefully and explicitly explain (ideally with some sort of independent "expert" verificiation) exactly how the sales of goods act has been broken. I.e. what exactly was not up to scratch?

I hope that your issue is regarding a hardware fault rather than anything that could potentially be software-related, because if it is software then you'll have a very hard time proving anything favourable to your case...

funkyparott

They would love you to make a complaint using their internal procedures.

Why bother? Don't let them take control of the situation. If you have a good case and the supporting evidence the next step is legal action. Don't !!!!! foot around with complaint procedures.

If you have evidence send a letter before action and follow up swiftly with a court summons.