Postscript about holding a loan provider responsible

markdavies2013

I left a message here about whether I could hold Barclays (that provided a loan) jointly liable with a business regarding.delays in repairing a faulty door (the company claims not once but twice on its website that it will act 'quickly' if any faults arise).
I just wanted to add a postscript,. After waiting nearly two months for Safestyle to replace the faulty panel in the door (for which, with a side panel, I paid over £1300), the engineer called on me today.
The first thing that he told me was that there had been an error in the manufacture and the bottom window was not as specified and was completely different from the top one.
He asked me whether I wanted to accept this and pointed out that it would be 'weeks' before a correctly made panel was manufactured. To me, the door would appear very odd with two different windows apart from the fact this was not what I had ordered and paid for, but in pure desperation, as I was so keen to see the end of the matter, I agreed to
accept the wrongly-made panel.
I was amazed that the person making the panel did not notice the error as it was so obvious.
Then, on trying to fit the panel into the frame, the engineer discovered that it had been incorrectly cut in respect of both the height and the width and would not even begin to fit.
Despite all the negative experiences with Safestyle, even I could not believe this.
Anyway, the engineer put back the original door panel with the faulty
windows and said I would be telephoned with a new appointment time.
So, I have had a faulty door installed, I have had to wait nearly two months for this to be dealt with and then after waiting all that time, a replacement appears with not one, but three faults (wrong window, incorrect height measurement and incorrect width measurement), so I still have the faulty door....
I telephoned Safestyle and have now been given date in the second week of June for the next fittting. this makes it just short of two and a half months.
I have today written to the Company's Compalint Dept,. its CEO, Barclays Finance and Trustmark lodging a complaint.

lovinituk

What did Barclaycard do wrong?

markdavies2013

I understand I may have a section 75 claim against Barclays Finance
as well as the supplier.
(Moreover, if a Bank is willing to provide a loan to a person to purchase goods/services from a business, a reasonable conclusion from this is that the business is reliable as the Bank would hardly want to become involved with one that is not reliable. In sum, a Bank providiing a loan to purchase X from Business Y can be construed as a possible advert for said Business)

redpete

markdavies2013 wrote: »

So, I have had a faulty door installed, I have had to wait nearly two months for this to be dealt with and then after waiting all that time, a replacement appears with not one, but three faults (wrong window, incorrect height measurement and incorrect width measurement), so I still have the faulty door....

Seems more like there was one fault - they sent the wrong door.

markdavies2013

Nope, they sent the panel that was made for my door (the engineer said he only had one fitting in my door's colouring this week and said the accompanying paperwork confirmed the panel was meant for me). The fact they also managed to get one window fitted with the correct style window also confirmed this.
All VERY disappointing but not altogether surprising. It is all very different from the picture presented on its website and by the sales rep.
What is so noticeable these days are so many instances of work which is not checked before it is sold/sent out and this applies to both the public and priavte sectors..At one time checking of work was done automatically.

robber2

It is all very different from the picture presented on its website and by the sales rep.

depressingly this seems to be all to common these days and just adds to my cynicism when you see companies like this presenting QA awards and ISO quality certifications and the like.

I wish I could offer more advice other then to just be polite, very firm, persistant and a PITA.

Please let us know how your section 75 claim goes, could be useful for other in a similar situation.

good luck

markdavies2013

I will. I have spent most of the day writing a lengthy, detailed letter and have now this sent this off by Recorded Delivery, to the Customer Services dept,. of the company, plus copies to its CEO and two operations managers. Also,a copy to Barclays who financed the loan for the work, and Trustmark.

AnotherJoe

On the upside you appear to have missed that Safestyle have now (late in the day but nevertheless) sent out a competent engineer who has diagnosed the problem and come up with a date thats only a couple of weeks away to fix it.

Now, i presume you want some compensation for this, but unfortunately it seems you have sent a long and unwieldy rant to the world (which is the impression given).

Did you actually ask for anything specific? For compensation of a specific amount? For a guarantee that the door will be fixed in 2nd week June otherwise you want a full refund plus £x?? Did you ask Barclaycard for your money back?

If so was that all asked for in the first paragraph?

If not you've likely committed the classic error of a complaint letter which is a massive rant with no specific requirement that the recipient can place in the round receptacle that is emptied at the end of each day.

markdavies2013

(a)You have jumped to the unwarranted conclusion that I am seeking compensation. I am not,.
I am seeking what I paid for and for the Company to do as it promised and promises.

(b)"sent out a competent engineer who has diagnosed the problem".
What on earth are you talking about? The 'problem' is that two windows slipped down within the door interior,. This was 'diagnosed' in April (apart from being obvious anyway).

You would be advised to *read* what people say rather than writing nonsense.

(c)The letter I wrote is a document, detailing the chronology and facts of the matter, that would form the basis of any court action if that occurs. It provides the other party with the opportunity to to explain its actions and/or challenge my perception of the matter.

bearcat16

markdavies2013 wrote: »

I understand I may have a section 75 claim against Barclays Finance
as well as the supplier.
(Moreover, if a Bank is willing to provide a loan to a person to purchase goods/services from a business, a reasonable conclusion from this is that the business is reliable as the Bank would hardly want to become involved with one that is not reliable. In sum, a Bank providiing a loan to purchase X from Business Y can be construed as a possible advert for said Business)

If Barclays financed the purchase directly (not, for example, just providing you with an unsecured personal loan) then I understand the s.75 claim as they jointly liable.

However this statement:
" if a Bank is willing to provide a loan to a person to purchase goods/services from a business, a reasonable conclusion from this is that the business is reliable as the Bank would hardly want to become involved with one that is not reliable. In sum, a Bank providiing a loan to purchase X from Business Y can be construed as a possible advert for said Business"

Is, from what I understand, simply not true.

Is there a section in the CCA that says this?

How exactly was the financing arranged? Unsecured Personal loan? or some other mechanism?