Beware Lloyds Bank and S75

freebiequeen · 4 March 2017 at 9:09PM

I hired a barrister online under the Direct Access scheme to represent me in a civil dispute over double glazing. I had 14 day cancellation rights and, when I paid, I saw from the online terms that I was entitled to a pro rata refund. Three days before the trial, as it was obvious that the barrister still hadn't read the papers and, basically, was winging it each time we spoke, I cancelled. I'd paid by my Lloyds Bank MasterCard credit card, so, when, for no good reason, the barrister made it clear that he was hanging onto my money, I thought I'd be fine.

To my disappointment, Lloyds seemed to be looking for all sorts of reasons not to refund me. Eventually, when I complained that their letters didn't make any sense, they replied that I'd only be entitled to a pro rata refund, in any event.

Naturally, my response was, 'OK then, please listen very carefully: I haven't received a pro rata refund - I haven't received any refund at all - I paid £2000 to cover four days' preparation plus a day's representation at trial, whereas I didn't receive any of this.'

I got nowhere. They just didn't want to know, let alone explain their position logically.

My next step will be the FOS, but I just wanted to let you guys know that Lloyds doesn't honour its S75 obligations, not in my experience anyway. :mad:

CakeCrusader · 4 March 2017 at 9:52PM

S75 is tricky, but it's basically for goods and services which were misrepresented, rather than a service that you've cancelled; http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm If the barrister had represented you, and then you lost the case, and then you discovered that the barrister wasn't qualified, you may have been covered for this, but the barrister was qualified so didn't misrepresent themself. I'm sorry.

You can make a complaint about a barrister here by the way; https://www.barstandardsboard.org.uk/media/29109/bsb_how_to_make_a_complaint.pdf

chattychappy · 4 March 2017 at 10:29PM

Buying the services of a barrister are no different from any other service. If you cancelled within the T+Cs, were entitled to a pro-rata refund according to those T+Cs and failed to receive the refund, then it's a simple breach which is covered by S75.

CCs don't like S75 claims because they have to foot the bill for goods/services going wrong when practically speaking they had little involvment. They certainly don't feel any need to make it easy to claim. They are not "on your side".

You can sue the CC just as you can sue the barrister. FOS or the BSB are certainly options.

By the way, don't be frightened to sue a lawyer. I worked for a city law firm for a while and the senior partner got sued by a bloke who did a bit of building work for him. Not only did the builder win, but he got extra costs despite it being small claim. The judge layed into the lawyer for being so silly in not paying what was obviously due and dragging the poor bloke to a hearing.