📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Section 75 - Consequential Losses

I had some windows fitted and have had some issues with them. The company has tried to rectify the problem several times but has failed. I have a survey showing that the installation has problems.

To rectify the situation I will suffer the following costs:

1. Removal of existing windows and disposal.
2. Refund of existing windows to cover the cost of new windows.
3. Cost of making good any damage caused as a result of removing and installing new windows. I actually had the area replastered and painted. after the original fitting took place.

I'm in the process of making a Section 75.

I don't know the costs of items 1 and 3 (haven't had quotes etc. yet).

I wanted to know if these are claimable. I think that consequential loss is supposed to be covered, but not an expert.

I don't currently know what the cost involved will be for some of these items because I've not had any estimates / quotes. Do I need to have this information upfront of making a claim or can the claim proceed for now? I'm concerned that if I go through the effort of getting all this information together the credit card company may still refuse the claim, so wondering if I can submit a claim and state that I want consequential losses covered as part of the claim.

If anyone has information that can help I'd be grateful.

Comments

  • Chino
    Chino Posts: 2,031 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    stp101 wrote: »
    I'm in the process of making a Section 75.
    Why aren't you pursuing a claim against the window company in the first instance?
  • stp101
    stp101 Posts: 13 Forumite
    edited 21 November 2018 at 10:20PM
    Chino wrote: »
    Why aren't you pursuing a claim against the window company in the first instance?

    Martin's post on Section 75 says that it could be easier to make a Section 75 claim than go to court.
  • Nasqueron
    Nasqueron Posts: 10,931 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    stp101 wrote: »
    Martin's post on Section 75 says that it could be easier to make a Section 75 claim than go to court.


    While the card firm and window firm are jointly liable in S75, provided the conditions are met, the credit card firm is highly likely to expect you to go through the formal complaints process with the window firm, not go direct to them and expect them to refund the money

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • stp101
    stp101 Posts: 13 Forumite
    I've already been through the Window companies procedure. They did try to resolve the problem but can't seem to get it right.
  • Nasqueron
    Nasqueron Posts: 10,931 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    stp101 wrote: »
    I've already been through the Window companies procedure. They did try to resolve the problem but can't seem to get it right.


    Assuming you did a formal complaint to the firm and had nothing resolved, absolutely go to the cc firm and see what they come back with

    Sam Vimes' Boots Theory of Socioeconomic Unfairness: 

    People are rich because they spend less money. A poor man buys $10 boots that last a season or two before he's walking in wet shoes and has to buy another pair. A rich man buys $50 boots that are made better and give him 10 years of dry feet. The poor man has spent $100 over those 10 years and still has wet feet.

  • eskbanker
    eskbanker Posts: 37,783 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    stp101 wrote: »
    I have a survey showing that the installation has problems.
    If this is a report you've commissioned from an independent expert, then you can include the cost of this in your claim too.

    Assuming it is, does the survey reach the conclusion that full replacement is the most realistic resolution? The card company obviously aren't window experts and so will need some independent evidence not just of the identified problems but also that all resolutions (including repair) have been considered....
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.6K Work, Benefits & Business
  • 600K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.3K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.