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help with making a s75 claim on my credit card
Comments
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jonesMUFCforever wrote: »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?
what original contract? What are you talking about? If you have nothing positive to help me with, please stop trolling me:mad:
By the way, which bank do you work for?0 -
In my experience, the ombudsman service does not possess the skill to dissect these claims. I had to hold the case assessor's hand with my case as well as their manager.Failing this, make it clear to them that you will be escalating this to the ombudsman.
They're funded by the financial firms via a 'case fee' and it appeared that they were somewhat keen to side with the financial firm despite case law (they say they aren't bound by case law, even from the UK's highest Courts - instead they decide based on 'fairness').
That said, their decision isn't binding on the consumer (just the financial firm) and the matter can be taken to court after the ombudsman's decision. My case was settled between me and the credit provider despite the ombudsman's efforts...
Sounds like you had two separate contracts under £30k and thus covered by S75 subject to the 'debtor-creditor-supplier' link which financial firms and the ombudsman seem to use as a get out of jail card. If the contract was in both names and the payment was made by one of you, I really can't see that the financial firm is 'treating you fairly' which is one of the rules set out by the FCA.0 -
Does anyone know if s75 would apply for building materials that I purchased on behalf of my contractor? I purchased bricks, timber, tiles etc on my card. Given that these items were to be supplied by the contractor, would I be covered under s75 for breach of contract?0
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Does anyone know if s75 would apply for building materials that I purchased on behalf of my contractor? I purchased bricks, timber, tiles etc on my card. Given that these items were to be supplied by the contractor, would I be covered under s75 for breach of contract?
No.
There is no breach of contract between you and the supplier of the materials.0 -
Does anyone know if s75 would apply for building materials that I purchased on behalf of my contractor? I purchased bricks, timber, tiles etc on my card. Given that these items were to be supplied by the contractor, would I be covered under s75 for breach of contract?
So is this a third contract?
Rather than dribble the information out piecemeal, it would be better if you said precisely what contracts you had (who signed and when), how you paid and who paid, plus what was on any receipts/invoices. You will get the best help if you are transparent about both the positives and negatives of your case.
Anyway: you say "I purchased on behalf of my contractor" and then say "these items were to be supplied by the contractor". Did the shop know you were buying "on behalf" of somebody else? Were you authorised by the builder to buy on his behalf? Was the invoice/receipt made out to the builder? If YES to all 3, then no S75 (chain broken - the builder was the customer but it was your card.) If you simply bought and paid for the stuff, then S75 applies in respect of the materials - ie if the bricks were faulty, the CC would be jointly liable with the shop.
You are entitled to separate out a project into separate chunks in order to get the contract value within the scope of S75, but clearly this is something the CC will be interested in. Ideally each "chunk" will be a truly separate contract capable of standing on its own. In law it is perfectly possible to have contracts that are linked or contingent on each other. Depending on any such linkage, the CC might be entitled to take the view that there really is only one contract, or at least the "item" price (referred to in S75) is the value of the so-called contracts joined up. (S75 doesn't refer to "contracts", only the price attached to an item).
jonesMUFCforever gives good advice but your story and posting style is so similar to that of another thread that it does look suspicious. I don't care one way or another, but if you don't like what he writes you can ignore him. But really I find the banker bashing stuff off-putting:In all honesty, the smell of fish appears to be emanating from you- are you a employee of a bank?... Its just the corrupt banks do not want to pay out as it would hurt their profits their christmas bonus...By the way, which bank do you work for?
There is another poster here (not on this thread so far) who DOES work for a bank and has given very good advice based on experience of processing S75 claims. Because of the banker bashing stuff, he isn't public about this job, which is a pity.0 -
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Thrugelmir wrote: »Was there no retention clause. I'm surprised that you parted with the full contract amount of £37,000 before signing off the work done as having been completed satisfactorily.
The builder totally mismanaged the work and I paid out in the desperate hope it would be done, but it wasn't...0 -
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Does anyone know if s75 would apply for building materials that I purchased on behalf of my contractor? I purchased bricks, timber, tiles etc on my card. Given that these items were to be supplied by the contractor, would I be covered under s75 for breach of contract?
how did you purchase these .. did you buy them yourself or did the contractor advise you of what he purchased.
Because depending on the answer to that determines if you can claim against the supplier
As in do you have a contract A-B or A via c who in turn hIs contract is with B
if you have a contract with the supplier then you can of course claim against them if you feel they haven't provided the goods or the goods were of unsatisfactory quality.
However the supplier would not be at fault for a builders shoddy work.
Slimming world start 28/01/2012 starting weight 21st 2.5lb current weight 17st 9-total loss 3st 7.5lb
Slimmer of the month February , March ,April
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