Section 75 Claim

668redress

Thankfully my credit record has always been excellent

dissat

I am following this thread as also affected ........ my house actually stopped being advertised after tepilo/emoov went into administration I have spoken to shawbrook who suggested I pay them and then seek steps to recover from tepilo .... i am not planning to go down this route and am sticking with trying to sort this out with shawbrook how are you getting on ? have you advice ? obviously I have a case re tepilo not fulfilling their side of the contract but its really about how culpable are shawbrook ..... who I assume have to deal with this type of thing every now and again
be great if you have any advice from your journey

ROBOKOP

Do not pay them and seek redress from Tepilo, you will get none. They went bust. What irritates me about the FOS is that until a case is settled with them every other poor !!!!!!! suffers due to the incompetence of Shawbrook and the fact that they are allowed to continue to give misleading advice to excuse themselves from their obligations. They took this on as credit and therefore it’s covered under s75. Once I have the letter from the FOS I will update this thread so keep notifications on and if anyone knows how this can be highlighted to moneysaving expert so they can flag this to customers that would be great, as their are likely to be thousands.

668redress

Since I last messaged, I have now contacted FOS who I have provided with all the correspondence for my complaint, they are looking at it and will come back to me to advise if they can consider my complaint, which is in 2 parts. I the 'breach of contract' and 2 my complaint about S'Brooks handling of my complaint........................ I will keep you all informed

668redress

As Robokop has said, do not pay you will not see any of your money. They suggested that to me and I laughed and said I would not be doing that - file a complaint with S'brook if you have not already done so

668redress

So this is the disappointing response I have received from the FOS
I’m afraid your complaint is not one that we can look at – I know that you’ve complained about a breach of contract. But Shaw brook is relying on chapter 14A – regulated credit agreements – section 60F here:

(2) A credit agreement is an exempt agreement if—

(a)the agreement is a borrower-lender-supplier agreement for fixed-sum credit,

(b)the number of payments to be made by the borrower is not more than four,

(c)those payments are required to be made within a period of 12 months or less (beginning on the date of the agreement),

(d)the credit is—

(i)secured on land, or

(ii)provided without interest or other significant charges, and

(e)paragraph (7) does not apply to the agreement.

You only had to make one payment back for the full amount within 10 months and no interest was charged. Having reviewed the information, I can see that your agreement with Shaw brook is an exempt one meaning it’s not regulated, and not one that is within our jurisdiction. Therefore any complaint flowing from this agreement is not within our jurisdiction.

ROBOKOP

Hi 668Redress,

When did you initially file a complaint with the FOS? I am still awaiting a response from them. Has Shawbrook made you an offer?

668redress

Mines wasn't an official complaint to FOS. I spoke to them and they asked for documents which I provided in order for them to inform me whether they were able to deal with it and that's the response I received.

Yes as said before Shawbrook offered to reduce loan and a small offer of money for the inconvenience and not adhering to their own complaints procedure

Dipsy1334

Hello, I purchased flights for my daughter on my Lloyds CC with WOW airlines. I have seen on the web suggestion that because I am not the on the flights and I gave them as a birthday present I may not be able to get a S75 refund. Can anyone tell me if this is correct? I have lost £700. Also Lloyds are asking for proof the company has gone into receivership from Companies House. I checked and there is nothing to suggest this even though it is all over the web and flights are obviously cancelled. Surely I am their customer and not my daughter as I purchased the tickets as a gift? I have a severe mental impairment and this is making me quite unwell. Thanks in advance for anyone who can answer this.

Bermonia

Would’ve been better to start your own thread, however I believe your ascertain to be correct - as they were a gift and they are the ones named then I think I’m right in saying that s75 would not afford you cover... there are some much more knowledgeable people on the subject that I’m sure will come along and give you better clarity.