Section 75 rejected by Finance Company... advice needed...

nig71

In summary we bought a kitchen which isn't finished, doors damaged, extremely poor installation etc and having chased the company over the last 4 months we haven't got anywhere, basically 'radio silence' from them. So we contacted the finance company under section 75. They have just rejected the claim because the order is in my wifes name and the finance is in my name. I don't believe this can be the case, we're married, and living at the installation and finance address, is this really right? is this a loop hole? should i be pushing back?

andyfromotley

yes you should be pushing back.

If you had paid for a kitchen at say your sisters then that would be different. But you have purchased something from which you get a direct benefit.

Check out the thread on breast implants on here (i'm not kidding!) theres an explanation of it on there.

jonesMUFCforever

........Doesn't look good though does it?

Why order goods in one name and put the finance in another?

nig71

'andyfrommotley' thanks, although I'm slightly confused in your response. You say I should be pushing back, which I plan on doing, but having read the 'implants' thread, it shows no upheld claims... It also has links to other cases that were declined. Am I missing something?

nig71

'jonesMUFCforever' ... We were both there during the planning, design and ordering, we obviously didn't pickup on the fact that the so called designer just used my wife's name, as for the finance, it's in my name because I'm the one with the 'salary'. Hindsight is a wonderful thing, maybe this is a lessons learnt but I'm not finished fighting it yet.

jonesMUFCforever

Good luck - if you have legal insurance with your home insurance - might be worth giving them a ring.

PeacefulWaters

If you both own and live in the property where the kitchen is meant to be installed then I believe you both have beneficial interest.

I'd expect the FOS to back you, although it's not guaranteed.

So go back to the finance company and remind them of your beneficial interest.

You could just take retailer and finance company to the small claims court. It might be quicker.

Take a look at the info around case study 7.

Also ruling 62/03.

And some generic info around additional cardholders (not exactly the same, but relevant).

andyuk01

You mention finance - was the kitchen paid for via a CC or finance agreement?

nig71

'andyuk01', it's on a finance agreement. Although I did paid the initial deposit on my CC.

Sinhanada

jonesMUFCforever wrote: »

........Doesn't look good though does it?

Why order goods in one name and put the finance in another?

What is the problem with that? My wife and I (When we were together) regularly split who ordered and who paid, whether on finance or not. It made it easier for us in balancing our salaries and outgoings

Op

I would certainly push back on this - this is not a reason to reject a complaint - especially if you are married and both living at the same address. To me this is a stalling tactic

chanz4

why not go to the finance company, be way easier todo