Bank as a credit supplier - any responsibility?

markdavies2013

Can anyone PLEASE help me here?

Last year I paid over £10,000 for new windows and doors to be installed by Safe Style (SS). I have had several problems with the doors
since their installation.
When the SS salesman first came round to give a quote he assured me that if (!) there were any problems with the installation, I was assured that this would be dealt with 'quickly'. The SS website said the same thing when I looked at it.
The latest problem is that the interior of one of the doors has sunk
and looks a total mess and it took SS nearly a month to even send anyone round to look at it. On doing this, he said the door would need work on it and I was given another appointment, which was nearly another month away. By no stretch of the imagination, can nearly two months in total to deal with one fault, be termed 'quickly'.
I no longer have any confidence in SS and I wrote to SS's complaint office detailing my dissatisfaction and after receiving a standard acknowledgement, heard nothing further.
I think that I may end up having to take SS to court as the work and its customer services is so unsatisfactory in my experience.
They originally arranged for Barclays to finance the loan I needed for all the work, which I have now repaid Can I also sue Barclays as they were party to this work being carried out?
I now deeply regret using SS to do the work. I wish I had used someone local and I certainly won't make this mistake again. I feel really depressed about this and it's affecting my health.
PS. I have met someone who also had doors fitted by SS in 2015 and he had to call them back when they stopped shutting!

PeacefulWaters

A conditional loan agreement would give you section 75 CCA protection.

markdavies2013

So could I sue Barclays who provided the loan?

BrassicWoman

why would you do that instead of lodging a claim at money claim online against SS?

markdavies2013

Yes, I realize that I could make a claim against SS,. but what I am trying to certain is whether I could pursue Barcalys (also or instead of) who made the loan so the installation could be processed/proceed.
Can anyone answer this please?

YorkshireBoy

markdavies2013 wrote: »

Yes, I realize that I could make a claim against SS,. but what I am trying to certain is whether I could pursue Barcalys (also or instead of) who made the loan so the installation could be processed/proceed.
Can anyone answer this please?

Already answered in post #2.


You may have a section 75 claim against one or both (your choice) of Barclays Finance and Safe Style.


Your Barclays paperwork (aka the credit agreement) will provide more detail. Suggest you read it.

[Deleted User]

markdavies2013 wrote: »

.
Can anyone answer this please?

This was answered in post #2.

Slave_to_the_job

I know slightly argumentative comment but what is the country coming to! Claim for this claims for that.

glennstar

Slave_to_the_job wrote: »

I know slightly argumentative comment but what is the country coming to! Claim for this claims for that.

I would ask what the country is coming to if we are all prepared to allow companies like this to repeatedly fail to deliver products in exchange for the monies they receive without statutory action being taken against them? I am in total agreement with you re: ambulance, tank and other such chasing but really, you buy a window from someone you do expect it to work.

Further more, if a few more people complained to Barclay Finance (who are as responsible for the quality of the merchandise as the retailer) then maybe they would withdraw from the relationship causing SS more issues, starving them of commission, etc and ultimately saving other poor soles the same heartache.

An finally, OP, have you spoken to FENSA?.. they are/were FENSA registered, weren't they?

P.S. Is it this safe style?

Lemonsqueezer78

Do keep in mind that when you make a S75 claim, you are covered for a contractual breach or failure only. S75 does not make the creditor liable for all forms of "poor service" or compensate you because you have "lost confidence" in a company. Unless your claim is very small (in which case you may find the creditor writing it off, as goodwill, without investigating it) you will be required to show clearly where the company has breached their contract with you. "Suing" the creditor implies you take this issue to court, where again, you would be expected to clearly demonstrate a contractual breach or failure.

Goods with defects is not an automatic breach of contract. That can happen to any company any time and the test here is related to remedy. If the company completely fail to address the problem, then that would be a breach of contract. Or if the goods are fundamentally not as described, or not fit for purpose (often very difficult to prove) then that is a breach contract. But it gets very murky when the issue is more about them not correcting a issue quickly enough for you. That would not be a clear breach of contract unless their advertising or terms provided a clear guarantee setting out a specific timeframe for correcting any issues and they failed to adhere to that. If they don't supply these kinds of timeframes in their terms, then "quickly" is just a subjective service complaint (that may be valid complaint, but is subjective nonetheless).

Don't get me wrong, I am not excusing poor service. But S75 protection - as handy as it is - is actually reasonably specific about covering contractual breaches and failures - and so it stands that you will generally be required to show very clearly where a contractual breach has occurred - which is not quite the same thing as describing poor service you feel a company has given you.

andyfromotley

I should think that any claim would consider if you have given them a chance to remedy the situation. Two months for what appears to be a cosmitic issue whilst a bit of a pain is probably not unreasonable.