Aquashield Reclaim

smitchy73

Had a quick update when I phoned GE Money today, they have said that they can do remedial work, ie re-wash roof, and re-coat, and if the same thing happens again, ie moss re-growth then I can do the same thing again and they would repeat the process. They said that there would be no refunds or indeed cutting short of the loan. They are just waiting to hear back from their Legal Department still but this will be chased tomorrow and they will be able to offer the remedial work, if I wish this to happen fine, if not they will send their final decision and I can take it to the FOS, I've spoken to them and they say obviously the choice is mines, but to speak to the OFT who regulates the CCA to find out if just the remedial work is acceptable under Section 75, I don't think it's fair, but who am I!!??

mr_mince

smitchy73 wrote: »

Had a quick update when I phoned GE Money today, they have said that they can do remedial work, ie re-wash roof, and re-coat, and if the same thing happens again, ie moss re-growth then I can do the same thing again and they would repeat the process. They said that there would be no refunds or indeed cutting short of the loan. They are just waiting to hear back from their Legal Department still but this will be chased tomorrow and they will be able to offer the remedial work, if I wish this to happen fine, if not they will send their final decision and I can take it to the FOS, I've spoken to them and they say obviously the choice is mines, but to speak to the OFT who regulates the CCA to find out if just the remedial work is acceptable under Section 75, I don't think it's fair, but who am I!!??

That's part of the reason I went with the claims co, I don't think I'd have the time/energy/paperwork to fight if the loan company got fussy.
Definitely not fair since you were sold something that was supposed to put an end to any work being required at all.

smitchy73

I don't think i'll be accepting the remedial work, I'm going to try and phone the OFT tomorrow to see if that is an acceptable offer unless I hear anything from other users on here who may know a bit more on the CCA than me.

magpiecottage

The rules under Section 75 are that you have exactly the same rights against the lender as against the retailer.

That means they must put the work right, which can be a repair. So in theory, yes they can insist - but they will probably have to do so again.

If, on the other hand, you are able to obtain independent evidence that it is useless and needs to be properly removed and any damage done rectified, FOS is likely to find in your favour.

My suggestion is that you find three qualified roofing contractors and ask them to quote for rectifying the problem.

If all of them confirm, in writing, that the only solution is to completely remove the product and repair any damage then FOS is likely to find this persuasive.

smitchy73

Thanks magpie, so basically if three other roofing contractors or experts were to say along the lines of the product supplied won't work regardless of how many times it is recoated, then I could get a refund? From what I've read on here, no product will stop moss growing on the roof which is one of the selling points of the product and if they recoat it the same thing will keep happening until the guarantee runs out and they don't have to bother, so in other words the product doesn't do what it was supposed to do.
I suppose in this way this is where the claims company might actually earn their money by arguing the point and possibly taking to Court, I don't know.

magpiecottage

I doubt very much a CMC would take the matter to court as it involves a risk to them.

But that in turn means they are relying on FOS.

If you can produce evidence that the product will never work then I think it likely that FOS will find in your favour.

If an adjudicator agrees then the lender may agree and settle.

If not you can go to an Ombudsman.

If the Ombudsman finds in your favour then you have one month to get your acceptance back - the one occasion when recorded delivery might make sense.

At once the acceptance of an Ombudsman's decision arrives at FOS it becomes legally binding on both parties. A court will not look at whether the original dispute should be settled in favour of you or not. It will simply accept that the Ombudsman's decision establishes a debt that you are seeking to enforce.

smitchy73

Phoned CAB today as OFT phone line puts you through to them, I went through the story with the nice lady on the phone, and she told me that if the product had been faulty due to poor workmanship then GE Money have the right to remedy the situation by having the roof recoated, however, she said if I felt that the product had been mis-sold or I had been misled by the information supplied, then I can complain to the business and if they refuse a refund, I can of course complain to the FOS, which looks like the way I will probably go.


I can't see how fixing a dodgy roof coating with another roof coating which wont stop moss from growing or enhance the look of the house(from the sales pitch and material) can be considered fair if the product is never actually going to work as described in the sales material.


Wonder if anyone has actually successfully reclaimed under Sct 75 of the CCA other than against credit cards, would be interesting.


Thanks Magpie.

magpiecottage

There are a couple of cases here and a number involving car purchase here.

W_Shepherd

Hi All, I too have been miss-sold by Aquashield, I came looking for information as I have been contacted by Consumer Reclaim who want 25% plus VAT on a No Win No Fee Claim and after reading all the comments here, I have decided to contact Hitachi Finance myself. I only got the wall coating done to my end terrace home. At the cost of over £5000 in 36 months interest free payments. But I will keep this forum updated as I go along.

smitchy73

Well done W Shepherd, you're on the right track already, keep us informed along the way, I'm hoping to hear back from GE Money with their firm offer in the next couple of days, if not I'll chase them.