Section 75 - Builder not completed work - Jan 2020 - UPDATE (2) OCTOBER 2020

hoth0416

born_again said:
But one worry from my point of view is you are using this as a business. Are CC aware of this? 

Sorry - just to confirm I am an individual - the contract I had was as an individual (me) with a limited company (builder).  Is that what you meant?

born_again said:

My take would be that putting you back in the position you were before you bought it should cover and resolve the issue.  

Can I just check - so I know what argument I'd be up against - what are you basing your take on? Is there any law, case law, precedent where you've seen this to be the case? Not that I'm doubting, I just want to be prepared for what argument could be given from their end. 

My plan is to take the approach that eddddy noted in saying that a breach should be remedied by putting me in the position I would have been if the contract was performed. For that argument I can see some case law and precedents.

Using another example - if I was to buy a camera on sale for £50 (RRP £200) and it was faulty a few months later, would the CC provider have to refund the £50 or put me in the position of having a working camera (which would now be at full price)?

In respect of whether the rectification is 'reasonable' - I think I've explored all possible routes at rectifying the work, and based on the three independent reports, the work appears fundamentally flawed (such that the rectification work proposed is just what is needed to get me to the originally agreed position - and that as it stands the work is flawed/not sustainable so it's not as though it could just be left as it is and remain ok).

Finally, noted on the time point - I'm prepared for the time it will take to get sorted.

Thanks again! 

born_again

eskbanker said:

born_again said:

They are prepared to pay the full cost of the trailer, so you are back in the same position as if you had not bought it. (you have also has a few months rental use out of it as well)
So if they have to pay out more to get it repaired...

born_again said:
Hard one to judge. Could go either way. But one worry from my point of view is you are using this as a business. Are CC aware of this? Which may make someone view it in a different light.

????

Are you posting in the wrong thread?  This one is about building and gardening work....

Opps..
Yes.

Apologies to all.

hoth0416

Hi all - just wanted to give an update.
The bank came back with it's final response to say their offer was unchanged (didn't respond to my questions on the basis for their offer!).

On to the Ombudsman....! Will keep you updated.