Section 75 claim for faulty shepherds hut

loveka

We bought a shepherds hut on Amex via Stripe. The hut is very badly made and also doesn't have quite major things that were in the contract with the builder. We withheld ,£5k of the total cost after it was delivered, as some faults were glaringly obvious.

We had it surveyed and were told that ideally the manufacturer should remove it and refund us as it is not even structurally sound. Alternatively it needs a huge amount of work which will cost £14k.

We paid £6k of the total on Amex and so are considering a Section 75 claim as we know the manufacturers  limited company does not have any money in it if we took him to court.

Two things concern us- one is if we were successful who would own the hut? We would use the money to put all the problems right.

Also the card payment was taken via Stripe and we can't seem to find anything to confirm that a Section 75 claim would even be possible!

Thanks for any advice.

mattyprice4004

Are you a business? If it's a business purchase, this will affect any recourse you have via the CRA. 
How much have you paid so far? 

born_again

OP has another thread here.
https://forums.moneysavingexpert.com/discussion/6182211/section-75-claim-paid-with-amex-via-stripe#latest

Will be better to keep all replies in the same thread.

shaun_from_Africa

mattyprice4004 said:

Are you a business? If it's a business purchase, this will affect any recourse you have via the CRA. 

If it was a business related purchase then it may affect S75 rights depending on what sort of business they are operating as.
A limited company doesn't have any S75 rights but a sole trader or a partnership of 2 or 3 people does.

loveka

I am not a limited company, no. The people we bought the hut off are a limited company.

visidigi

loveka said:

I am not a limited company, no. The people we bought the hut off are a limited company.

You dont have to be.
Was it bought for personal use or business use? Basically is this a B2C or a B2B transaction (regardless of business type).

shaun_from_Africa

visidigi said:

loveka said:

I am not a limited company, no. The people we bought the hut off are a limited company.

You dont have to be.
Was it bought for personal use or business use? Basically is this a B2C or a B2B transaction (regardless of business type).

When considering whether or not to attempt a S75 claim and you purchased as a business, it's the type of business that is relevant.
Limited companies don't qualify for S75 protection but sole traders and limited partnerships do.

loveka

We bought it to use as a holiday let, but we are not a limited company. Tax is paid via 'income from property' on my tax return via my specialist holiday lettings accountant.The

I now understand if we claim the hut has to be returned to the seller. I was planning to use the money to repair it - the quote is £14k- but it seems I would have to buy a new hut.

I am renting it out now as the problems are long term structural, we have spent money making it habitable. My solicitor said this is fine as it would be seen that I am limiting my losses.

I was going to contact Amex to start the process today, but I think I might be better waiting until the end of the summer season?

Thanks everyone!

KatrinaWaves

If you get the money back entirely for the hut then they own the hut. If it’s structurally unsound why on Earth are you renting it (unless you made a typo meant you are NOT renting it...) 

loveka

I am renting it out. It is long term problems that effect the longevity of it, it is perfectly safe . We had a survey.

loveka

Can I ask please, does anyone know if I can do a Section 75 claim and have it repaired? I have a quote to get it into the condition it should have been in.