Section 75 claim letter assistance needed.

chattychappy

slpj wrote: »

What do you mean by "possible chargeback here"

S75 is law, part of the Consumer Credit Act 1974. It means that for certain transactions, the CC issuer is "jointly and severally liable" with the merchant in the case of breach of contract or misrepresentation. In other words, if you have a claim against the merchant - ie something you could go to court with in normal circumstances, then you can go after the CC instead of/as well as the merchant. It is as if the CC was the shop.

Chargeback is a creation of the CC networks. It is a way of reversing a transaction provided the situation fits the scheme. It doesn't afford you a direct, legal right although the FOS has said that CCs should use it to help consumers where available.

If a dispute fits chargeback, then in returning the money to you, the CC is not facing a loss. If the CC cannot chargeback, then anything paid out under S75 will be a hit for them.

Obviously chargeback is limited to the amount of the transaction. S75 is unlimited.

dalesrider

slpj wrote: »

Hi dalesrider,

What do you mean by "possible chargeback here"

Does that mean if I can't prove it to the satisfaction of Nationwide, they can charge me?

Thanks.

A chargeback is a additional right offered by Visa & Mastercard. These are over and above your legal rights.
They are much quicker to action and in a lot of cases easier for the customer (many require no paperwork).

Ring bank again and ask to speak to the Disputes departmant. Fully explain the situation.
TBH. Yours is a odd situation and I would refer to one of our tech reps. Just to ensure any chargeback would be worthwhile.

In either case YOU are going to have to prove the poor work by the retailer.

chattychappy

dalesrider wrote: »

Just to ensure any chargeback would be worthwhile.

In either case YOU are going to have to prove the poor work by the retailer.

I think a problem for the OP with chargeback alone is that (s)he hopes to recover more than the original amount of the transaction.

slpj

Hi thanks for those replies, I'm a little clearer now.

I'm a he. OK a little background.

2 Leather jackets. I took them to a specialst leather tailor (so called). I told him exactly what I wanted, and he said no problem. He made notes and took measurements, as any tailor should. Because of his advertising, and the fact that I have grown into an old fool, I trusted him, and also agreed to his request to pay in advance.

He didn't give me a copy of his notes. He gave me a till receipt, with a condensed and innacurate description of what we had agreed. I queried this at the time, and he said it was just the way the till menu system worked and listed things. He told me not to worry, he would email the full details to me the following day. He didn't.

For example, the till reciept says "let in/out sides" for taking in the jackets. There was no mention of reducing the shoulders widths, something I had requested, and precisely what he did, albeit badly. So he can't claim I had a copy of our agreement, because he acknowldeges by default that the till reciept is only the sales record. At a later date, see below, he sent me what he calls the full details he reocrded, of the alterations we agreed, and acknowledges that I hadn't seen them before that.

The problem is, he didn't do exactly as we agreed he should, and didn't do everything either. Add to that, some of what he has done is badly done, which has in effect rruined the jackets, because there is unsufficient leather to reverse the alterations.

I have plenty of pictures, that make it obvious to anyone, let alone a tailor, that the jackets have been badly altered. You don't need to see pictures prior to alteration, to see that for example, the jackets are misshapen and not finished, -- open seams.

Just prior to him altering the jackets, I had an argument with him, because it became obvious to me that he had forgotten which jackets of mine he had, and had no (or scant) idea of what he was supposed to be doing to them. This is because the comprehensive notes I thought he was taking, turned out to be a few scribbles and squiggles on a scrap of paper with my name and address on it.

I told him, verbally, in person, in email, and on the telephone, to stop working on my jackets until I saw the exact instructions.

He sent the scribbled notes described above, to me in an email, and I again told him not to do anything to my jackets.

Long story short, he ignored my emails, altered the jackets, and put them in courier post back to me, without allowing me to see the jackets to approve or challenge the alterations. I opened them, immediately saw the mess, and telephoned and emailed to complain. He denies everything and refuses to answer any emails and a recorded letter.

That's where I am now, looking at the S75 or the small claims court, neither of which I have ever used before.

And just so everyone knows who. FADI tailoring. From personal experience, I advise you not to use him for anything, but that's by the by. This is about me getting my money back and compensation for 2 ruined quite expensive leather jackets.

As for compensation. I started with 2 perfectly good expensive leather jackets, in almost new condition, because I rarely wore them, because I wasn't entirely happy with the fit. I now have two visibly badly altered leather jackets, that I am even less happy to wear, because one of them in particular, now looks riduculous.

Some might say, that how it looks is just my opinion. However, how it looks, is precisely why I wanted them altered, so that I not anyone else, was completely happy with how they look.

That's what he agreed to do, and accepted 400 quid from my credit card to do. Some people are fussy about designer labels. I'm fussy about exact fit and detail.

I see it this way. I paid someone to create the exact detail and fit that I wanted. They agreed to do just that, accepted my money, and then went ahead with the alteratios even after I told them to stop. And they failed to alter the jackets to my exact requirements, did it badly and left parts unfinished.

I feel I'm entiled to compensation as well as a refund.

jonesMUFCforever

How much did the original jackets cost?
Get him to get 2 new jackets for you.

If you tell your credit card company what you have posted on here IMO you will make things extremely difficult for yourself.
It seemed you sensed things were going to go wrong but did not ask him not to proceed and refund you.

meer53

For me, the alarm bells would have been deafening as soon as he asked for payment in full, BEFORE he had made any alterations. I wouldn't have given him my card, any decent company would have allowed you to pay after the work had been done. He had 2 leather jackets as security. I think the most you can expect in any claim is your jackets back and a refund of the charge on your credit card.

slpj

Jackets cost about 900 quid. But it wouldn't matter if they cost 10 quid or 2 thousand quid. I had the right to request alterations to my requirements.

Some people spend many thousands of pounds, altering houses that aren't worth the money, does that mean the builder is at liberty to do a bad job?

It doesn't matter what I asked him to do, he refuses to answer or accept any liability.

As soon as I thought something was wrong, before he altered the jackets, I told him not to alter my jackets. He ignored that, and altered them without my permission, and did it badly. I can't see how telling the cc company that will make it difficult for me.

With very great respect to everybody . I'm not really interested in what you may or may not have done, or what you might have thought. I did what I did, he accepted the work, and failed to complete it as he agreed.

I'm only interested in how to use S75, in as much as I asked a specific question at the top of this thread. So please, if you know how that works, by all means please answer, otherwise, please don't.

jonesMUFCforever

slpj wrote: »

Jackets cost about 900 quid. But it wouldn't matter if they cost 10 quid or 2 thousand quid. I had the right to request alterations to my requirements.

Some people spend many thousands of pounds, altering houses that aren't worth the money, does that mean the builder is at liberty to do a bad job?

It doesn't matter what I asked him to do, he refuses to answer or accept any liability.

As soon as I thought something was wrong, before he altered the jackets, I told him not to alter my jackets. He ignored that, and altered them without my permission, and did it badly. I can't see how telling the cc company that will make it difficult for me.

With very great respect to everybody . I'm not really interested in what you may or may not have done, or what you might have thought. I did what I did, he accepted the work, and failed to complete it as he agreed.

I'm only interested in how to use S75, in as much as I asked a specific question at the top of this thread. So please, if you know how that works, by all means please answer, otherwise, please don't.

Not many people would employ a builder with a known bad reputation.
If you don't want lay opinions then it pretty silly of you to come here to ask.
Ask a solicitor.

meer53

You don't need a standard paragraph, state in your own words, what you are looking for. Try to keep it brief and to the point.

sistafromanothermista

slpj wrote: »

With very great respect to everybody . I'm not really interested in what you may or may not have done, or what you might have thought. I did what I did, he accepted the work, and failed to complete it as he agreed.

I'm only interested in how to use S75, in as much as I asked a specific question at the top of this thread. So please, if you know how that works, by all means please answer, otherwise, please don't.

:rotfl: How to win friends and influence people.....NOT.
How rude!!!!