Section 75 Refunds

jaym1980

I have a credit card with MBNA which was taken over by Lloyds Group. I purchased new windows and doors for my house in 2018 and within few months, some of the units had developed faults; the door is warped at the bottom and top and lets noise and cold in, the bathroom window cannot be locked without applying considerable force to the locking handle which I believe will break eventually so I leave it on vent and the kitchen window jams occasionally when trying to lock it. All the other units seem okay.  I chased the company for almost two years with no result to getting the units repaired or replaced despite them giving a 10 year guarantee with the product.

In March 2020, I approached the credit card company for a section 75 claim for the full balance as I intended to get the faulty units replaced with another company. They wrote back to me in May 2020 to say they had passed the file to the section 75 team and they advised they will be in touch. In June, the section 75 team wrote to me to advised they were trying to contact the window company to resolve the issue.

On 06/08/2020, the section 75 team wrote to me again, this this time advising I need to pay for a report from an independent company or engineer to prove this. 

I'm at a loss here as to what to do as clearly the credit card company are deliberately dragging their heels in the hopes I go away. I have worked in banking and so far as I know it's not responsibility of the bank to try resolving something by contacting the company responsible and most other cases I've seen have been dealt with swiftly and in favour of the customer with no argument from the bank. I can only assume the bank didn't get the company to respond or they have given them the opportunity to deny any responsibility but they won't confirm to me which.

If anyone has any pointers on what to do next, I'd be most grateful.

phillw

jaym1980 said:

On 06/08/2020, the section 75 team wrote to me again, this this time advising I need to pay for a report from an independent company or engineer to prove this. 

You will need to do this.
If you'd raised the section 75 claim within 6 months then you'd have had less hassle.

bris

The CC is not dragging it's heels (well they are as they always do) bur it's standard practice to get this report.
Just get a window repair company in to report on the issues and tell them when it all gets resolved you will use them to fix the issues. This will give them the motivation to write the report.
As the CC is equally liable with the original installers they do have the right to fix the issues rather than replace them if this is what they want to do.

born_again

jaym1980 said I have worked in banking and so far as I know it's not responsibility of the bank to try resolving something by contacting the company responsible and most other cases I've seen have been dealt with swiftly and in favour of the customer with no argument from the bank. I can only assume the bank didn't get the company to respond or they have given them the opportunity to deny any responsibility but they won't confirm to me which.

If anyone has any pointers on what to do next, I'd be most grateful.

No where a company is still trading & S75 is involved, we will contact them, as a matter of course. As often once they realise that a bank is on the case they relent and do the work they are supposed to do. Or try the haggle a deal on costs.
A 3rd party report is usually something that is asked for before a claim is even looked at. When you are looking at the bank paying out thousands of pounds to resolve the issue. They want to know that there is a real issue and what exactly it is.

As you have worked in a bank, then you will know it is the bank that pays out for S75

jonesMUFCforever

If you win your claim you can add the cost of the report to it.

edbatham

Did you get the report done and have you had a decision? we're in a similar situation.