disclosure authority

memememememe

from what they have said to me that form was sent out in my case because someone was mistakenly trying to send it down the chargeback route. which they also admitted wasn't relevant in my case. it was that aspect of it I was particularly trying to get sorted. it has since been going down the correct section 75 process and things are now as I'd have expected originally. They have said they dont need to talk to anyone as I am expected to provide all of the legal documents and survey etc.
its not always that they are doing things deliberately wrong - they have been great since I pointed out their error to someone who actually knew what he was doing.
each persons circumstances will be different though.
It wouldn't be sensible to be deliberately obstructive and agree it wouldn't look good for you.
but if somethings not right - its not right.

weejangus

Hi Meme,

I used to work within Tesco Banks Section 75 team. I left just over a year ago but if it's still the same, might be worth setting your expectations.

The team on the whole are very good at what they do. The letter for authorisation would have been automatically generated even for a S75 claim (during my time here, more than half of the claims received related to companies that were still trading therefore the disclosure was required) but you're right, you don't have to sign it. Under the cicumstances you've described, they probably wouldn't contact the administrators anyway.

Based on the information you have supplied here, I could have predicted that Tesco's initial request would be for an Independant report. As the report states an incorrect part fitted, they will likely ask for a quote to replace this part and put you in the position you should be in (i.e. with a fully functional Solar Panal system). So it may save time if you get this now and send it with the report. Also, if you haven't already done so, you will need to provide a copy of the contract and it should show the full cost of the system. You should provide receipts for any money paid - If you paid the entire balance on your Tesco Card, they should be able to accept the transaction on your statement (if the company name on the contract matches the name on the statement). If you paid the deposit on your CC and the balance by another means, you will need to provide receipts and / or bank statements to prove the payment has been made.

As mentioned above, the cost of repairing the system will likely be far less than a full refund. Tesco will understandabley choose to go down this route and refund the cost of repair. As jointly and severally liable for the contract, they can choose to either refund or make good on the contract therefore this offer would fulfil their obligations.

As for any future issues, Tesco Bank will not cease to be jointly responsible for the contract after your claim is finalised. If the system breaks down again in the future, you can still go back to Tesco and ask them to look into your new claim. Does your contract state any guarentee period? As Tesco will be obligated to fulfil that guarentee.

I hope you get this issue resolved but one last word of advice - be prepared to be patient. The S75 team consists of between 20 - 30 people. They work hard but claims do take time to fully investigate - sometimes months. They're not deliberatley holding up the claim, they're just REALLY busy. S75 do take calls from customers so just ask for a contact number next time you speak to them.

Keep us updated though. Would be good to know how you get on.

memememememe

Hi thanks for the insight weejangus - the section 75 people have been great its getting past the general call centre that was difficult.
how do tesco fare for paying out other losses involved like my fit payments from the govt cos I'm not producing any energy etc?
did you ever come across instances where the ombudsman decided that a refund was required instead of just repair/replace?
if so, under what sort of circumstances?
would there there ever be an argument of inferior quality in comparison for the price charged?

bris

They have every right to fix it if they choose to go down that route. The rights they have is the same as the original seller has.

grumbler

memememememe wrote: »

how do tesco fare for paying out other losses involved like my fit payments from the govt cos I'm not producing any energy etc?

I don't understand the question, but you can claim the consequential losses as well.

would there there ever be an argument of inferior quality in comparison for the price charged?

I don't think that the price can ever be an argument.

memememememe

the price I paid and what I got for it would be relevant if I go down the lines of mis-selling/ misrepresentaion.
they claimed I'd get 25 years of payments out of this - they claimed it was a quality item , it was more expensive than others had quoted me. - it doesn't seem like I've got what they sold me?

grumbler

memememememe wrote: »

the price I paid and what I got for it would be relevant if I go down the lines of mis-selling/ misrepresentaion.

I don't think so. Facts/goods can be misrepresented, but the price doesn't matter. If you pay £1000 for a TV that can be bought for £500 elsewhere, this isn't misselling or misrepresentation. The same if you pay £500 for a poor quality TV while a top quality one was available for the same price elsewhere.

they claimed I'd get 25 years of payments out of this - they claimed it was a quality item ,

Even quality items can break. That's why/what warranties, extended warranties and insurances exist for.

memememememe

in the sense if I paid rock bottom price I wouldn't have much of an argument to expect top quality goods

memememememe

Just found something interesting from citizens advice:-

What does satisfactory quality mean?

Goods are of satisfactory quality if they are of a standard a reasonable person would think was satisfactory at the time of sale. This should take into account their price and anything else that seems to be relevant, for example, whether they're second-hand.

It seems to me the law is full of the term "Reasonable" - reasonable person,reasonable length of time, reasonable condition etc
I think for me it'll come down to what the ombudsman thinks is reasonable.
for others what the courts interpret as reasonable.

jonesMUFCforever

mememe please calm down - let the procedure take its course - you seem to be quoting this and that nearly every day.