Wood burner paid on credit card

danboy775

Not sure if this should be in this forum or not so admin feel free to move to another.

I had a wood burning stove installed around 6 months ago now which I paid a large portion of on my credit card, roughly £3k
The installer was supposed to fit a room sealing kit to the stove as it is an 8kw stove, I was quoted and charged for this.
It is also in the UK regulations that any stove above 5kw should have an external air source fitted.
I'm still waiting for him to fit the room sealing kit. I've txtd him numerous times over the last few months, all of which have been ignored. When I call, if he answers he just says that he'll get the lads round in the next couple of weeks or so, then nothing.
I am now at the point where I'm thinking about contacting the CC provider to report this to them, If I do this then what happens, do they put pressure on the company to come and finish the job or what??
All or any info would be greatly appreciated

luhrmann

i may be wrong, but i don't think the credit card company will help in this instance. they help with fraud, but you paid for the service, it was bought with knowing. they don't help people chase up cowboy builders so for that you need to go to a trading standards or CAB to get advice. as far as the CC company is concerned, you wanted the service and paid for the service. what happens after that is up to you, i'm afraid.

Superscrooge

I have copied the below text from the 'Which' website


Under Section 75 of the Consumer Credit Act, the credit card company is jointly and severally liable for any breach of contract or misrepresentation by the company.

This means it is just as responsible as the retailer or trader for the goods or service supplied, allowing you to also put your claim to the credit card company.

You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider - you can make a claim to both the retailer and credit card provider simultaneously, although you can't recover your losses from both.

This right is particularly useful if the retailer or trader has gone bust, or it doesn't respond to your letters or phone calls.


I used S75 about 10 years ago to get my money back when I paid for a holiday and the holiday firm went bust.

For me getting the money back was relatively straightforward. I just contacted the credit card company, filled in some paperwork explaining what had happened. They investigated it and refunded the money.

So I would suggest contacting the credit card company in the first instance and taking it from there.

danboy775

I did think read about section 75 of the CCA, I will give them a phone in a couple of days.
Thanks for the info.

YorkshireBoy

The card provider will ask you to get a professional report - at your cost - and submit this along with the original quote and other paperwork. They won't simply keel over with one phone call.


Of course if you're successful you can claim this cost, and all other consequential losses, on top of the original amount.


You should be aware that you may have to take the card provider to court, or at least start proceedings, just as you would if you were claiming off the installer.

danboy775

Really all i want is the job finished as per agreement and up to the standard of UK safety regulations but I've waited 6 months now and I suppose if he had any plans to do it then it would have been done by now.
The prospect of having to take the CC company to court sounds pretty daunting to be honest.

Superscrooge

You could also contact the Citizens Advice Bureau for advice. They used to have a forum on here, but unfortunately it appears to have been discontinued.

grumbler

danboy775 wrote: »

The prospect of having to take the CC company to court sounds pretty daunting to be honest.

Why not trying to sue the company that failed to do the job?
If you are happy with the part of the job they've done, sue them for the cost of the remaining job needed plus compensation for the trouble they caused. For starters, send them a letter before action giving them, say, 2 weeks to finish and saying that you start legal actions otherwise.

MSE article: Small Claims Court

knightstyle

First send a letter before action with a deadline for them to finish the job or you will take them to court. Have you paid in full for the unfinished work?

danboy775

Yes I paid in full as the major part of the work was completed and they assured me they would come back in a week or two to complete it.

eddddy

danboy775 wrote: »

The installer was supposed to fit a room sealing kit to the stove as it is an 8kw stove, I was quoted and charged for this.

So the installer is in breach of contract.

Briefly, the route to follow is:

- Give the installer notice that if they don't complete the work (as agreed in the contract) you will get another installer to do it.

- You can then claim the cost of the second installer from.... either the first installer, or the credit card company (under s75)


Here's a more detailed explanation (it's about a builder, but it applies equally to a stove installer) : http://www.mylawyer.co.uk/disputes-over-building-work-a-A76052D76263/