How long to complete a dispute with Barclaycard.

dalesrider

windingroad wrote: »

With all respect, I can't see how I'm at all to blame.

Maybe I'm being idealistic but, When I ask for something I expect to get what I asked for and what I paid for.

Its not about blame.

I agree you expect to get what you paid for.

The issue you face is you have no proof of what was ordered. Which is what Barclaycard are going to need if you want them to take it forward.
As I said its your word against the retailer. With no proof Barclaycard have nothing to go back and argue your case with the retailer.

chattychappy

windingroad wrote: »

I raised the problem with the company and they firstly denied they had made a mistake and then agreed that it was not right and offered to change it if I paid more money.

Was this admission in writing, perhaps?

windingroad wrote: »

and looks silly having a narrow door in the centre of two large sidelights.

windingroad wrote: »

They did come to the house to measure up, One of the company directors did it. I asked him while he was there about the width of the door.

I tend to agree with the earlier posts - there is an evidential problem. Seems to be standard practice for CCs to demand reports etc in situations such as this. Your simple position is that the door was not as promised + you relied on their professional skill in measuring up + the result is clearly wrong aka "looks silly" and besides a mistake has been admitted.

I think the best you can do is put this to Barclaycard one more time in writing. Tell them that either they accept their joint liability or you will take further action. You are not prepared to engage them anymore on this. Then sue them and hope they make an offer to settle. They really won't want to turn up in court over such a small amount. A judge would look at this on the "balance of probabilities". They came out and measured up the door. You can supply photos of the door looking silly and a witness statement as to what was promised and what was said. Unless Barclaycard can come with evidence to rebut this, then you should be OK. Simply saying "he didn't supply the reports we asked for" won't cut it. Outside of court, you are effectively "begging" the CC and must dance to their tune. Once you start a claim, then it's civil procedure rules that apply.

BUT, I don't want to get your hopes up. It is obvious that Barclaycard are not going to pay up unless you do take/threaten court action (I'd forget the FOS). It will be tricky if they defend and/or cooperate with the door people. It might be better just to cough up the money yourself and get the door changed.

windingroad

Thanks for that ChattyChappy. It is what I was thinking along the lines of anyway.
I'm really getting frustrated with Barclaycard, They seem to be totally incompetent at even the simplest of things (listening and reading) I've told them countless times on the phone and in at least 2 letters that the total cost of this door is £1600 paid in 2 instalments of £800 and everytime they write to me they refer to the cost being £800.

They keep asking for a copy of the terms and conditions but, I was never given any and the company never brought it to my attention that they had T&C's so therefore I cannot see how I can be bound by something that I don't know about.

It has got to the point now where I'm going to have 1 final go with the Merchant and barclaycard, Then I'll just use Moneyclaim online.

If the price of the door unit was not too much I'd change it myself and put it down to a bad experience but, I think £1600 is too much to have to write off for what is someone else's mistake. I'd be happy to put my hand up and take some blame IF I was to blame but, I truly am not and I could not have stressed enough that I wanted a door at least as wide as the original.

dalesrider

chattychappy wrote: »

I think the best you can do is put this to Barclaycard one more time in writing. Tell them that either they accept their joint liability or you will take further action. You are not prepared to engage them anymore on this. Then sue them and hope they make an offer to settle. They really won't want to turn up in court over such a small amount. A judge would look at this on the "balance of probabilities"..

Why take the CC co to court?

Surly far better to take the company to court than the CC as the yare the party that have made the error.

TBH. In these cases it is time card provider stood up and fight the cases. While they maybe jointly responsible. Its time that people were made to sue the main party 1st.