lloyds S75 claim

jonesMUFCforever

My own opinion is that you have no hope in hell of winning with this (things too convenient with the contracts) BUT I would take it to the Ombudsman for a ruling if Lloyds won't give you a definitive reply or turn you down.
This is free for you.
Should you lose at the Ombudsman you still have the right to sue the builders but if he has gone bankrupt you will be throwing more money down the drain.

chattychappy

be96erj wrote: »

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.

Do you have any evidence that the first contract was discharged without obligation to go ahead with the project? Was this before work started?

What evidence do you have that two new contracts were set up?

be96erj wrote: »

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.

Is that all the evidence you have (apart from your say-so)...? Any email chains, text messages, order confirmations etc?

It will come down to evidence.

You are perfectly entitled to cancel a contract and enter into new ones in order to get S75 protection - nothing wrong there as you say. The bank can't complain about that. Buy if it looks like the cancellation+reorders were a sham, then you will struggle.

be96erj wrote: »

we agreed to change the work into seperate contracts.

Even this kind of language doesn't help. "change" doesn't imply a clean cancellation plus two new orders to me. "the work" - suggests one project = one transaction.

From what you've said, you might indeed have a case. Just be careful how you present it.

chanz4

Why would both work be unfished, would he not start one then start the other. I can see the bank been suspect on this