Section 75 problem with Tesco

stevek54

Hello

Twelve months ago I had a new kitchen and when it was installed the worktop was damaged and before it could be replaced the supplier went bust. I made a section 75 claim against the 2 card companies used in the purchase of the kitchen. (NWB and Tesco). NWB settled after we provided evidence and got an independent assessment of the damage. This took about 8 weeks. Tesco have been fobbing us off, saying they are very busy. It is now 3 months after we made our claim and despite vseveral letters and phone calls they still haven't settled our claim. Is there a time limit to how long banks can delay in making a settlement or even an offer or refusal?

meer53

Why did you claim from both cards ? One card issuer would have been liable for the full cost of any purchase, not just what was paid on their card as long as the item was over £100 and less than £30k.

How much was the total claim and how much from this have NW refunded you ? What have you actually claimed for ?

opinions4u

Bizarre that you made two claims for one lot of damage.

stevek54

We made the original claim against NWB as we paid 80% of the cost of the kitchen on their card. They told us we had to also claim against Tesco for the other 20%, which we did.

Hominu

Thats incorrect, you only have to pay £1 on a credit card for them to be liable for the full amount as long as its within £100 and £30K, even if the rest was paid by cash.

Tesco are probably as confused as us now as you have already made a claim and accepted the offer. You should claimed 100% of the value.

meer53

Natwest were wrong. They, along with Tesco would have been liable for the full amount of the purchase, but you would only claim from one CC issuer, not both..

What did you actually claim for ? Was it just the worktops ? What have you been paid by Natwest ? You can't really claim for anything which you received.

stevek54

We just claimed for the work top which was all that was wrong with the kitchen. When I asked NWB why we couldn't claim it all off them they told me that although it was on Mastercard the cards were supplied by different banks. I'm now confused myself. We did what we thought was right and it seems that we may have been fobbed off by NWB.

chattychappy

Assuming I've understood correctly, I would go back to Natwest and claim the other 20%. Tell them that as a matter of fact they have already accepted liability and as a matter of law they are liable for 100%, not just 80%. If they wish to recover from the other card, then that is a matter for them.

It gets more tricky if you accepted the refund on a "full and final settlement" basis - but that wouldn't stop me having a go. In this case I would complain that they acted unfairly by misrepresenting the law to you and that it was this that induced you into originally accepting the 80%.