Ombusman appeal for £12,250 successful - Section 75

onyx911

arcon5 wrote: »

They will probably pursue the retailer through legal channels.

Shame really since op was the one that completely and utterly messed the retailer about and doesn't deserve 100% back.
It's a shame complicated cases like this cannot be transferred to the courts to be overseen by judges

Ironically if I had taken this to court I would have got a much quicker resolution than the 10 months it took through FOS. Whether the retailer was in the wrong or not, the law was clearly on my side and feeling hard done by was no reason to illegally retain £12,250 of someone's money!! If the contract had a non cancellation clause they we wouldn't have pursued this.

There are pleanty of businesses that spend hours of time and thousand of pounds pursuing business they ultimately don't get. We had our kitchen plans designed by this retailer and paid seperately for that service which more than accounted for that time. Plus he has now had 2 year's free interest on our money. I doubt tesco can claim the interest they have to pay us. That's their penalty for ignoring the law.

Whether people like it or not, we had the law on our side and pursued the correct legal channels to get back what was rightfully ours. I will never apologise for that. Imagine a world where people ignore the laws and do what they think is right for them and keep what they think they deserve....

molerat

I am not arguing the rights and wrongs of your particular case and, as you say, the claim was within the law. My argument is that S75 was enacted when consumer credit was a completely different beast and is no longer fit for purpose. I will though admit to paying the deposit for my car on a credit card for the very same reason.

onyx911

molerat wrote: »

I am not arguing the rights and wrongs of your particular case and, as you say, the claim was within the law. My argument is that S75 was enacted when consumer credit was a completely different beast and is no longer fit for purpose. I will though admit to paying the deposit for my car on a credit card for the very same reason.

The rights and wrongs comment was in reply to arcon5 who said we shouldn't have got the money back. I didn't disagree with any of your comments and appreciate your point. It's hard on any given day to sympathise with a big bank but I do hope Tesco get their money back. I think they will as the retailer always told us they will refund if Tesco ask them to.

Like you said, it's the reason this website encourages people to use their credit cards for purchases.