Section 75 Protection credit card Enquiry

dresdendave

RADDERS wrote: »

I would not be paying a further penny to the window company, what if they go bust just after they receive the funds?
I would be also checking with a solicitor as the best way forward.
You know the goods are not up to standard and I assume that the windows company do and are looking to get the most out of you that they can.

I'm also wondering why you are even considering pay the firm extra money. If they have messed up the measurements for the windows that's their issue to resolve and suffer any losses due to their incompetence. Unless there is more to this saga than you have told us, (for example, you supplied the window dimensions yourself?), then refuse to pay another penny until the job is complete.

bery_451

dresdendave wrote: »

I'm also wondering why you are even considering pay the firm extra money. If they have messed up the measurements for the windows that's their issue to resolve and suffer any losses due to their incompetence. Unless there is more to this saga than you have told us, (for example, you supplied the window dimensions yourself?), then refuse to pay another penny until the job is complete.

Hi their surveyor came out to take measurements.

Because the job is incomplete parts of the property is exposed and my home insurance will not accept that. So for the sake of completing the job we have a choice to pay them extra money otherwise parts of the property will be exposed in winter and 2 elderly residents will be affected.

What choice do I have in circumstances like these? The courts legal routes takes months to settle in which cannot wait for in circumstances like these.

bery_451

Hi I require clarification on the following that will help me make a decision:

Window company want me to breach the contract payment terms by me paying more money upfront before completion then upon completion pay remaining balance.

Then they said after completion for me to get independant window surveyor to get results. If results come back as bad then window company said they will do remedial works.

If I follow their resolution above and if they don't keep to their promise of their remedial works if independent results come back as bad then am I still qualify for section 75 protection for the full £10000 amount?

If i agree to their above resolution do I have to get a fresh contract to reflect this or do I have to stick to the original contract for section 75 protection? A fresh contract means original contract is void so theres no breaching in original contract?

Section 75 accepts fresh or renegotiable contracts or it has to be first original contract?

derps

Please just speak to your credit provider and work with them on a solution! You say you're concerned about delays but this thread has been going on for a week.

bery_451

Hello I would like clarification on whether I am eligible for section 75 protection for my post above.

Or is there clear rules on section 75 that must be followed to get protection from it?

My main priorities now is getting the property secure from intruders and weather but I am afraid if i do that I might lose my section 75 protection.

So I would like clarification from my circumstances. Phoned up my card and it seems they havent got a clue of what im saying. They saying do I want to dispute transaction I don't recognise.

Just after clarification hopefully from here so I can try phoning again and explain and understand.

StopIt

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/86/86-consumer-credit.htm


A long read but gives case studies of how S75 may, or may not apply.


Also, MSE have a very good guide on the details of S75 here: https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases


Again, worth reading in full.


As for your case in particular, if you're unsure of what you can or cannot do, seek legal advice from either your friendly solicitor or the CAB.

bery_451

Hi can anyone recommend a solicitor just in case things dont work out.

eco_warrior

Section 75 has so many variables its going to be impossible for anyone to guarantee you are "covered" as such. I'll ask a colleague regarding the fresh-negotiable contract situation and come back on tomorrow

eco_warrior

bery_451 wrote: »

Hi I require clarification on the following that will help me make a decision:

Window company want me to breach the contract payment terms by me paying more money upfront before completion then upon completion pay remaining balance.

Then they said after completion for me to get independant window surveyor to get results. If results come back as bad then window company said they will do remedial works.

If I follow their resolution above and if they don't keep to their promise of their remedial works if independent results come back as bad then am I still qualify for section 75 protection for the full £10000 amount?

If i agree to their above resolution do I have to get a fresh contract to reflect this or do I have to stick to the original contract for section 75 protection? A fresh contract means original contract is void so theres no breaching in original contract?

Section 75 accepts fresh or renegotiable contracts or it has to be first original contract?

My colleague says making a change to the contract (such as changing the payment structure or amending the works) wouldn't nullify the first contact. She advised having mention of the 1st contract in the 2nd contract to link them together. Then if the works are not completed to your satisfaction it doesn't mean the 1st contact was fine and any works that were part of it cant be claimed under Section 75.

bigadaj

eco_warrior wrote: »

My colleague says making a change to the contract (such as changing the payment structure or amending the works) wouldn't nullify the first contact. She advised having mention of the 1st contract in the 2nd contract to link them together. Then if the works are not completed to your satisfaction it doesn't mean the 1st contact was fine and any works that were part of it cant be claimed under Section 75.

It's a bit pointless, any deposit should be minimal.

If they come back asking for money on a limited and straightforward contract then that just suggests they have cash flow problems.

I'd suggest finding a local chartered surveyor and paying them for an inspection and report. You'll have to pay for their report but can claim it back with any section 75 claim. I certainly wouldn't be paying the company any more than you've agreed to under the contract which reflects the amount of work they've completed which is of a reasonable standard.

Section 75 or chargeback aren't magic wands, they just make your credit card provider jointly and severally liable with the company you've contracted with, there are no guarantees.