Section 75 claim for faulty shepherds hut

shaun_from_Africa

loveka said:

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.

All you can do at the moment is to contact your card issuer and tell them that you wish to initiate a S75 claim for breach of contract by the hut supplier.
Section 75 of the Consumer credit act allows for claims to be made for losses incurred due to contract breaches so I don't see any reason why repair costs shouldn't be a valid claim.
I wouldn't be surprised if they immediately try to refuse and state that as the hut is being used by a business then S75 doesn't apply and if they do this, ask them for confirmation of their refusal in writing and enquire about their dispute procedure and follow the requirements for this.
If the outcome is the same then contact the Financial Ombudsman and raise a case with them:
https://www.financial-ombudsman.org.uk/contact-us

Bear in mind that it's not going to be a quick process.

loveka

Hello, I can't see anything on line about this. I am not a limited company business, I guess a sole trader but not for tax purposes as it is classed as income from property.
So if a landlord had a new kitchen, for example, put into a rental property would they not be allowed a section 75 claim if the kitchen was faulty?

KeithP

As far as the Consumer Credit Act 1974 is concerned, you are a consumer.

born_again

loveka said:

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!

Do not wait that long.
When Amex start asking questions & wanting proof of work done & surveys & see the dates. They are going to have to wonder why you waited so long. Especially given you are renting it out in the mean time.
From their point of view. If you were happy to let people live in it now then it's going to be Ok going forward.
Is there any proof of how long they are supposed to last? As you have to remember all buildings require maintenance over their lifetime. Wooden ones especially.