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Credit card Section 75 or home insurance
gerald2h
Posts: 19 Forumite
Last October I used a local bathroom supplier to purchase a complete shower and bathroom make over. I used one of his recommended installers.
I pay the supplier for the items and for the installation via credit card.
I pay the supplier for the items and for the installation via credit card.
The fitting left a lot to be desired and now to to it off it seems that I have one or two leaks. The supplier is saying to get in touch with the installer or claim of my house insurance. Water damage is slowly working its way through the bungalow.
I have been in touch with the credit card section 75, just waiting for the forms to arrive. But they are saying that at the moment I can’t get anyone in to try and sort out the leak/leakes.
I have been in touch with the credit card section 75, just waiting for the forms to arrive. But they are saying that at the moment I can’t get anyone in to try and sort out the leak/leakes.
Any advice would be very helpful, thanks
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Comments
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A 'recommended installer' is not a contractor of the supplier. But are you saying that you paid for the installation via the supplier, as one transaction? If so, I'd argue that the supplier is liable, even if they sub-contracted the install, as you paid them, so your contract is with them. They're just trying to fob you off.
However, if you paid the installer direct, then your contact is with them, and so is your dispute.
Claiming on your home insurance, even if possible, will increase your premium, so go the chargeback or S75 route first.
No free lunch, and no free laptop
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I would suggest that you contact the credit card company again and explain that there is still an ongoing leak and if you don't get it sorted out, the damage and cost of any repairs will increase.gerald2h said:I have been in touch with the credit card section 75, just waiting for the forms to arrive. But they are saying that at the moment I can’t get anyone in to try and sort out the leak/leakes.Any advice would be very helpful, thanks
When making any claim for damage it's generally the case that you are expected to minimise your losses and by getting a repair carried out, you will be doing this.1 -
I phoned them last Friday 6th February and also on Monday 9th and explained that there’s still a leak. But apparently I can’t get anyone in, if it means moving or damaging any of the work.0
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Home insurance does not cover defective workmanship and therefore fixing the problem itself will not be covered. It may be possible that the resultant damage would be covered but then you have to consider the excess and impact on future premiums to decide if that would be worth while.
It is not clear if you paid the supplier of the items to have the installer do the work or if you paid the installer directly.
You need to be exceptionally clear with them that there is on going damage to the property and that their instructions are not compatible with your legal obligation to mitigate your losses. (I assume you have no other bathroom you can use in the meantime) They therefore need to agree next steps to enable a repair to subsequently be made.gerald2h said:I have been in touch with the credit card section 75, just waiting for the forms to arrive. But they are saying that at the moment I can’t get anyone in to try and sort out the leak/leakes.1 -
Sand tee, I have informed them that it’s the only bathroom in the bungalow. Myself and my wife both NHS. Three sons, two of which are shop workers and one working in a school that has remained open as a central hub. So the shower is used up to 10 times a day in the present situation. I can’t even turn the water off from the stopcock outside as it’s a shared one supplying two other properties. I have informed them “section 75” of this twice. . Until the forms arrive and are filled in they don’t or do anything, or even let me get someone else in. Currently the supplier is wiping his hands of the problem, the installer isn’t replying . I trying to communicate with both of them via text , as it’s proof that they don’t want to come and sort the problems out0
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Macman, I made two payments to the supplier. One for the goods and one for the installation. Both payments were paid via the same credit card0
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OK so it sounds like the supplier is responsible for the work assuming that they organised and paid for the installer.
If the supplier is not willing to arrange for rectification then S75 seems an appropriate route to go.
As per Sandtree's comments you need to tell the CC that this is causing ongoing damage and needs to be looked into as a matter of urgency.
Are you sure you don't have a internal stop !!!!!! as that would be normal and presumably the fitter had to isolate your water supply as part of the fitting.1 -
GrumpyDil. He changed the stopcock to a Surestop remote stock and apart from a switch to turn it off, I would need to turn the outside stopcock off. I think this is leaking because he put shower boards in the way of it, I cannot tell with out removing the boards, also the shower trap hasn’t been tightened up properly. He has hidden all other pipe work behind the shower boards.0
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The pipe work is behind the units on the right hand side. I’m still waiting for them to put the sink in the MIDDLE of the three units.
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It is sometimes the case when fitting bathrooms that issues arise with plumbing afterwards. This is not always the fitters fault. Particularly in older houses things can be disturbed by the process of ripping out a bathroom and replacing it. That said Section 75 is not a replacement for your household insurance so I do not really understand why you are complicating the issue and delaying resolving it by going down this route. If the the leak is causing further damage to your property while you mess about this will be down to you.
You need to report the matter to your household insurers. They are there to protect your interest and will arrange for any emergency repairs and follow up with any additional work that needs doing. They will also determine whether the installer is liable and recover costs from them if necessary.0
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