Section 75 Claim for Replacement Windows & Doors

Crabman

Hi folks,

Asking for someone so if further details are needed please ask. I'll try to keep it simple:

1) Order for windows & doors was placed with a local firm about 12 months ago which has now ceased trading.

2) FENSA certificate was supposed to have been provided but wasn't.

3) Some window sashes have dropped slightly. When they're opened/closed they make contact with the frame.

4) Contact has been made with the company that fabricated the frames. They say that the customer's guarantee was with the company that has ceased trading.

5) Contact has been made with the credit card provider through which the deposit was paid using MSE's template letter for S75 claims. They have failed to respond to two letters so far.

Who is liable for provision of FENSA (or the council survey fee of around £180)?

Who is liable for any work, e.g. the probs in paragraph 3 or any work that the council say is required in order to comply with building regulations?

Proof of the 10 year guarantee was supposedly going to be sent by FENSA together with an insurance indemnity for the guarantee. I've contacted FENSA who have no record of the customer's address.

Unfortunately the customer believed the firm when they consistently reassured her that FENSA takes a while to process. I'm concerned about the lack of written evidence regarding provision of FENSA and the guarantee although the customer has made a note of all phone calls with the local firm which may be helpful. Advice would be appreciated.

iamcornholio

FENSA is only a certification scheme - set up by the government to check that windows meet certain efficiency standards. Nothing else

A company registered under the scheme is required to "offer" insurance backed warranties only

In short the FENSA scheme offers absolutely no protection to the consumer

If the company was actually on the scheme then chase FENSA. Otherwise there is no comeback now that the company has ceased trading- the customer must sort out any repairs, and sort out the council fee if need be

Pursuing the claim via the lender is the best bet

Crabman

Thanks for the response.

What is the credit card provider supposed to do in this situation?

Will they just reimburse the transaction and close their file, or will they pay for the council inspection as well as for someone to do the work necessary to remedy faults & take on the 10 yr guarantee for which they're jointly and severally liable?

Unfortunately it seems they're playing hard to get and I'd like to make sure the customer has all documentation to hand ready for the Financial Ombudsman in the event they don't respond by the 8 week deadline.

Thanks

iamcornholio

s75 would cover goods (the windows) and services (the b/regs application) if that was part of the contract - which it seems to have been in-lieu of the FENSA certification which was not done.

There will be options for the finance firm - pay for repairs or offer a refund to the value of the loss .... which would not be the full amount

I am not sure about whether the finance firm will cover the 10 year warranty, as this may not have been implicit in the original contract, rather an optional extra

TBH, I would expect the finance firm to offer a one-off payment and be done with it

olly300

Crabman wrote: »

5) Contact has been made with the credit card provider through which the deposit was paid using MSE's template letter for S75 claims. They have failed to respond to two letters so far.

I hope one of your letters was at least sent by recorded delivery even if it was to a PO Box otherwise you will find that the credit card provider "hasn't got" them.

I suggest you ring the credit card company up and ask them to respond to the letters. If they claim they haven't got them send another copy by recorded delivery then phone them before taking court action.

Crabman

Customer received a phone call from the card provider asking for further info, e.g. evidence of the guarantee and the terms and conditions of the company that refer to the order.

Not entirely sure what to do about either of these things, there were no terms and conditions given to the customer by the company but there is a guarantee listed (just mentioned as an item) on the order form.

I'm searching the FOS site for case studies of Section 75 claims where everything isn't black and white but haven't found anything yet. Anyone know how this could be resolved and what level of evidence the card company needs in order to meet the claim?

hodsonhe

Section 75 when it comes to more than £30,000?
could anyone clarify if I paid 3000.00 euro's deposit for a property abroad (that did not get built) on a credit and then paid the balance through a different source which collectively comes to over £30,000.00, if I am still eligible to claim anything from the credit card company i.e. the initial deposit paid via credit card.

Any assistance appreciated.

Thanks

McKneff

hodsonhe wrote: »

Section 75 when it comes to more than £30,000?
could anyone clarify if I paid 3000.00 euro's deposit for a property abroad (that did not get built) on a credit and then paid the balance through a different source which collectively comes to over £30,000.00, if I am still eligible to claim anything from the credit card company i.e. the initial deposit paid via credit card.

Any assistance appreciated.

Thanks

You really need to start a thread of your own because everyone gets mixed up as to who is answering what question.

katejo

Crabman wrote: »

Hi folks,

Asking for someone so if further details are needed please ask. I'll try to keep it simple:

1) Order for windows & doors was placed with a local firm about 12 months ago which has now ceased trading.

2) FENSA certificate was supposed to have been provided but wasn't.

3) Some window sashes have dropped slightly. When they're opened/closed they make contact with the frame.

4) Contact has been made with the company that fabricated the frames. They say that the customer's guarantee was with the company that has ceased trading.

5) Contact has been made with the credit card provider through which the deposit was paid using MSE's template letter for S75 claims. They have failed to respond to two letters so far.

Who is liable for provision of FENSA (or the council survey fee of around £180)?

Who is liable for any work, e.g. the probs in paragraph 3 or any work that the council say is required in order to comply with building regulations?

Proof of the 10 year guarantee was supposedly going to be sent by FENSA together with an insurance indemnity for the guarantee. I've contacted FENSA who have no record of the customer's address.

Unfortunately the customer believed the firm when they consistently reassured her that FENSA takes a while to process. I'm concerned about the lack of written evidence regarding provision of FENSA and the guarantee although the customer has made a note of all phone calls with the local firm which may be helpful. Advice would be appreciated.

I was concerned about the provision of the Fensa certificate when I had new windows done. I was also told that it takes a while when I queried it. In my case it did eventually arrive.