help with making a s75 claim on my credit card

auntjo

Hello Forum,

this is my first posting and I hope you will accept my appologies if these questions have been asked before.

Last year I paid a firm to build an extension to the side of my house. The extension was to have a new kitchen and open plan area. As the firm was pretty small, I wanted a way of protecting myself in case things went wrong. That is when I read about s75.

My entire build was £37,000. The extension was to cost £25,000 and the kitchen £12,000. As I wanted to cover myself under s75, I created 2 different contracts, so that I would be covered.

Unfortunately, the work done is poor. I have a leak coming through the roof and the kitchen has been fitted really badly. I paid £50 deposit before starting each contract to get the s75 coverage.

I went to my credit card issuer- Santander and Clydesdale. As expected they wanted all little minute detail. Eventually Clydesdale rejected my claim because the invoice that we paid the deposit on, was made out to my husband rather than me (we used my CC to pay the deposit)! This is despite the contract being in both our names (and obviously the contractor). Can anyone offer some advice? Has the debtor-creditor thingy link been severed because the invoice was in my husband's name, but paid on my credit card? Personally I think there is a clear link given that both our names are on the contracts.

I also think it might be easier to just go to the financial ombudman service, as I think banks will do almost anything to pay out- it stands to reason doesn't it?!

My last question is, how do most people present their case so that it is done in the most clear fashion possible?

Thanks again and I look forward to reading your responses!:rotfl::T:rotfl:

ah23

£37k? Was this including all of the labour, materials, and decorating?

What was Clydesdale's response to your argument that the contract was in both your names? I think there is a clear link too, but like insurers, banks are keen to reject any claim at the slightest loose end. I would try leaving no stone uncovered with the bank first. Failing this, make it clear to them that you will be escalating this to the ombudsman.

chattychappy

When you say contract, I assume you mean some sort of written agreement, quote/estimate, email exchange? If this is generally in both names, and if you generally used "we" when negotiating, then this is in your favour.

But I must say, if after all the negotiating, the invoice only had your husband's name on it and the agreement only became binding on paying the deposit, and the deposit was paid "against" this invoice, then it could be tricky then sadly I think you might be in trouble.

PeacefulWaters

Lots of thoughts on this thread with similar numbers ...

https://forums.moneysavingexpert.com/discussion/5757634

auntjo

ah23 wrote: »

£37k? Was this including all of the labour, materials, and decorating?

What was Clydesdale's response to your argument that the contract was in both your names? I think there is a clear link too, but like insurers, banks are keen to reject any claim at the slightest loose end. I would try leaving no stone uncovered with the bank first. Failing this, make it clear to them that you will be escalating this to the ombudsman.

Yes £37k was for the whole job.

I have not told them about the contract being in both names. This is because I have already sent them the contract and it is as clear as day!

auntjo

chattychappy wrote: »

When you say contract, I assume you mean some sort of written agreement, quote/estimate, email exchange? If this is generally in both names, and if you generally used "we" when negotiating, then this is in your favour.

But I must say, if after all the negotiating, the invoice only had your husband's name on it and the agreement only became binding on paying the deposit, and the deposit was paid "against" this invoice, then it could be tricky then sadly I think you might be in trouble.

The contract was a proper builders contract with terms and conditions.

auntjo

could anyone give me advice on how best to put together a file for a s75 claim?

jonesMUFCforever

IMO You do not have a claim - please see why on the other threads I think (I apologise if I'm wrong)you have written under a different username.

IMO you told the credit card company that the original cost was over £30k and only after did it get split into 2 contracts.
This sounds fishy to me and obviously to the credit card lender.

Why don't you issue court proceedings if you think you are covered and let a court decide?

auntjo

jonesMUFCforever wrote: »

IMO You do not have a claim - please see why on the other threads I think (I apologise if I'm wrong)you have written under a different username.

IMO you told the credit card company that the original cost was over £30k and only after did it get split into 2 contracts.
This sounds fishy to me and obviously to the credit card lender.

Why don't you issue court proceedings if you think you are covered and let a court decide?

Thank you for your opinion- but why would I write under a different name????

Also, I did not tell the cc provider the cost was over £30k! Sounds fishy????? What is your problem? In all honesty, the smell of fish appears to be emanating from you- are you a employee of a bank?

I plan to take the matter to the FOS first and then to court as I know I have a claim. Its just the corrupt banks do not want to pay out as it would hurt their profits their christmas bonus.:mad:

LittleJo

Hi
Have you given any thought to a claim under the Consumer rights legislation?

jonesMUFCforever

auntjo wrote: »

Thank you for your opinion- but why would I write under a different name????

Also, I did not tell the cc provider the cost was over £30k! Sounds fishy????? What is your problem? In all honesty, the smell of fish appears to be emanating from you- are you a employee of a bank?

I plan to take the matter to the FOS first and then to court as I know I have a claim. Its just the corrupt banks do not want to pay out as it would hurt their profits their christmas bonus.:mad:

Did you not mistakenly show them a copy of the original contract before somebody told you that to get S75 cover the total cost needed to be under £30k and did you then pay using different cards on each ''new''contract?