Section 75 Claim

Jolinar

Could do with some advice please


I've recently had a letter from my credit card company saying they are prepared to settle my claim under section 75 of the consumer credit act for faulty work we had done on the roof. This was back on the 21st May 2014. I signed the acceptance form, sent it back recorded delivery etc.


As of today no payment is forthcoming and when I call I get the "it's got to go through our legal department first" speech.


Do I have grounds to complain to the FSA over the time this is taking? It's been nearly 8 weeks since they agreed to pay out the claim.


Thanks!

Atidi

Jolinar wrote: »

Could do with some advice please


I've recently had a letter from my credit card company saying they are prepared to settle my claim under section 75 of the consumer credit act for faulty work we had done on the roof. This was back on the 21st May 2014. I signed the acceptance form, sent it back recorded delivery etc.


As of today no payment is forthcoming and when I call I get the "it's got to go through our legal department first" speech.


Do I have grounds to complain to the FSA over the time this is taking? It's been nearly 8 weeks since they agreed to pay out the claim.


Thanks!

You need to allow the card company at least 8 weeks to resolve any complaint, and if they fail, you can then ask the FOS (not the FSA) to assist you.

Note that the FOS is extremely busy at present, and complaints against credit card companies are currently taking about a month before they even get around to looking at the complaint, and then they ask you to allow 3 months for them to contact the credit card provider, etc and come back to you
(Of course if it's really complicated, it has been known for the FOS to take 1-2 years to arrive at a proposed resolution, but this seems quite a simple case)

Have you asked the card provider how long they expect to take for the agreed resolution to "to go through [their] legal department first" and then send you the money?

Personally I would have thought it would have gone through there before offering you such a resolution, or perhaps they mean their legal dept now needs to approve the payment that you have accepted.

As they appear to have formally accepted full liability, I suppose you could just now send them a 14 day LBA, and if not paid by then, commence a legal claim against them. With the formal admission of liability you have, I doubt they will even bother to defend such a claim (as they will almost certainly fail) and you could would add any court fees to the amount owed

Buzby

I think your expectations are somewhat amiss, if hasn't even been 8 weeks yet. If it hasn't been resolved by mid-August, I'd suggest a complaint to card co may embarrass them to fork out more quickly, but not until then!

Jolinar

Thanks both, I'll call them again this week and try and get a date out of them. It is rather like trying to get blood from a stone especially as they have accepted liability. I've only got this far by being persistent, a bit longer won't hurt