lloyds S75 claim

be96erj

Hi, can anyone help me?

I have made a s75 claim on my lloyds credit card and all lloyds seem to do is ask me pointless information in order to stop me from asking for a final decision so that I can take it to the ombudsman.

Last year I had a new kitchen and utility room installed in my home. The price was £35k. Initially I had one contract for both, but then a friend told me about s75 and recommended that I make the build into 2 separate contracts. Luckily I did, as the builder went under. I paid a small deposit on my lloyds card for the kitchen (£25k) and a small deposit for the utility (£10k) on my tesco credit card (so that I would get the same protection from them as well).

I made a claim with lloyds under s75 for breach of contract, but stupidly sent the first contract instead of the later one. Now lloyds are saying they will not accept the proper contract and that I would need to send them the second contract (that I sent to tesco) and all this other information that has absolutely no relevance to my claim and their equal responsibility in this matter! I feel they are just trying to fob me off by prolonging my claim as much as possible.

Is there any advice anyone can offer on what I could do in this situation?

Thanks in advance.

jonesMUFCforever

You will find this very difficult to win.
It is obvious (to me anyway) that the total cost was £35k and too high for a S75 claim.
Why pay one deposit on one card and the other on a different one.
I believe that you have shot yourself in the foot but others may have other opinions for you.

What exactly are you claiming for?
Did you pay in full upfront? or is something wrong with the work?

Dobbibill

They will require details to process the S75 - how long has this been going on?

What was the breach of contract - you say you have the goods fitted?

bengalknights

If the 1st contract shows the value above 30k then its not covered under S75 is my understanding and this is why they would want to see the second contract showing the values and splits to ensure its not a single transaction that was split.

jonesMUFCforever

bengalknights wrote: »

If the 1st contract shows the value above 30k then its not covered under S75 is my understanding and this is why they would want to see the second contract showing the values and splits to ensure its not a single transaction that was split.

Not going to happen though is it - not without committing fraud.

Did the (same) builder do both jobs at the same time??

chattychappy

The OP said that "initially" there was one contract. Was this an estimate, a quote, or a contract that was agreed? If it was agreed, then both parties are bound. Messing around with the paperwork afterwards isn't going to get around this.

It COULD be possible, by agreement, to discharge the original contract. Both parties agree to release each other from their obligations. It COULD then be possible to enter into two separate contracts. These COULD be with the same builder on the same site.

Provided they are genuinely separate contracts then S75 would apply to both (subject to the usual provisos).

BUT, the problem will be evidential. If the original contract was binding, then the COULDs have to be overcome.

be96erj

jonesMUFCforever wrote: »

You will find this very difficult to win.
It is obvious (to me anyway) that the total cost was £35k and too high for a S75 claim.
Why pay one deposit on one card and the other on a different one.
I believe that you have shot yourself in the foot but others may have other opinions for you.

What exactly are you claiming for?
Did you pay in full upfront? or is something wrong with the work?

Why did I pay a deposit on one card and the other on another? It was to cover both parts under s75. Due to my lack of understanding, I thought I could only make one s75 claim on each card- hence why I paid 2 deposits on 2 credit cards.

I am unsure why you think I have shot myself in the foot! I am being completly open. I am saying the reason I cancelled the previous contract was precisely so that I could benefit from s75 protection.

I want to claim for the work to be finished, as the builder has gone broke. I paid most of the money that he asked for, but like I said the work did not get finished.

be96erj

Dobbibill wrote: »

They will require details to process the S75 - how long has this been going on?

What was the breach of contract - you say you have the goods fitted?

Its been going on for about 6 months now!

The breach was unfinished work of building and installing a new kitchen and utility room.

be96erj

bengalknights wrote: »

If the 1st contract shows the value above 30k then its not covered under S75 is my understanding and this is why they would want to see the second contract showing the values and splits to ensure its not a single transaction that was split.

A single transaction that was split? The point is, I did split up the build, specifically to be protected under s75! Is there anything wrong with what I did- I am being honest and open and certainly not fraudulent.

be96erj

jonesMUFCforever wrote: »

Not going to happen though is it - not without committing fraud.

Did the (same) builder do both jobs at the same time??

I certainly have no desire to comit fraud!!!

The same builder did both jobs, but did them at different points.

be96erj

chattychappy wrote: »

The OP said that "initially" there was one contract. Was this an estimate, a quote, or a contract that was agreed? If it was agreed, then both parties are bound. Messing around with the paperwork afterwards isn't going to get around this.

It COULD be possible, by agreement, to discharge the original contract. Both parties agree to release each other from their obligations. It COULD then be possible to enter into two separate contracts. These COULD be with the same builder on the same site.

Provided they are genuinely separate contracts then S75 would apply to both (subject to the usual provisos).

BUT, the problem will be evidential. If the original contract was binding, then the COULDs have to be overcome.

It was an agreed contracted signed by both. But as I said before, I changed my mind as I wanted s75 protection, so along with the builder, we agreed to change the work into seperate contracts.

I am more than happy for the bank to contact the building company (which has since gone bankrupt) and its ex-director to confirm that the original contract was cancelled by the both of us and that two new contracts replaced it.