Consumer Credit 1974 Section 75

Patchworker

We have just heard from Barclaycard that they have decided not to help us as we cannot prove evidence that we were given a substandardappartment and therefore no breach of contract. How do you prove that the appartment you were given stunk so bad and was so horrible that we were offered an exchange, which was marginally better. Surely that was proof in itself that they were trying to pass off a rough appartment, hoping we would not complain. Unfortunately we did not take photos. :mad: I still have not given up and will contact them tomorrow before going to the Financial Ombusman. Trawling the internet it would appear we are not the only people who have been conned by Salina Wharf. I am going to try every avenue open to us to get some satisfaction. Has anyone had any success?

ILW

If no proof was required, hardly anyone would pay for anything.

dalesrider

So its a quality issue then.

For S75 YOU have to prove your case. Simply saying well they moved us to another room, means nothing.

thenudeone

Photos, videos, names and addresses of others who would be prepared to sign a statement about the smell, would all have been useful to back up your case. Without anything, it's just your word against theirs.

Patchworker

Thank you everyone who replied. I have just found a document which states we were assigned a Silver grade apartment. As we were only shown one apartment at the Presentation we were given to understand this was the style and quality of the one bedroom apartment to which we were subscribing. In the course of heated discussions over the dreadful appartment we were expected to accept for our holidays, we were told that the "Show" appartment was a Gold standard. When one is only shown one appartment at the Presentation is it wrong to expect that it was a Silver appartment? Hopefully this document may prove that we have been sold an apartment of an inferior quality to that which we were shown.

We are also in dispute over the fact that they sold this as an exclusive Members Only club - another fabrication but the wording of the Club constitution which we were given after the ten day cooling off period is rather ambiguous at first reading. It refers to Membership and exclusive ownership of apartments in such a way as to lead one to think that what we were told was true, but of course, I think one could drive a coach and horses through their very clever terminology.

I think these posts could be becoming rather tedious to read for members of the forum, so when there is a definite result I will post again but thank you all for your comments. Wish us luck please,