Section 75 - credit card company only offering partial refund

dysucker

Hi,
I've had an open claim with a closed credit card relating to some detailing work I had done to my car, the company itself not only did a terrible job, they also damaged my car in the process, and also again when I asked them to fix the faults with their work again.

It got to the point where they just stopped responding, resulting in poor workmanship leaving me several thousands of pounds out of pocket.

I thought there was no reason to worry, I could reclaim the cost from my credit card, which I partially paid with. Given I would have to pay to have the work removed before getting it redone, I thought this was a good solution to mitigate losses.

I submitted a claim to Tandem Bank (my credit card company at the time) for a full refund, supplying evidence to support my claim.

They accepted the claim, and I've since waited 18 months for them to settle it. After several phone calls and emails, and finally resolving to a complaint since we appeared to be in deadlock, they responded today stating the offer that was made to me is the final offer which they think is fair.

I wholly disagree it's fair, it means I'm still hugely out of pocket for poor workmanship.

They said it's the only offer they will make, so I either accept it or lump it... Is there anything I can do now?

unholyangel

What's the quantum of the claim? What were you asking for and how did you arrive at the figure? How did that compare to the cost of works to put it right and did those works go further than you would have received under the original work?

mattyprice4004

I agree with the above - some figures would make it much easier to see if it's a reasonable claim or not. 

Sandtree

In answer to the direct question... what you can do now is put in a complaint, if you havent already done so, that you are unhappy with their offer.

Once you receive their final response (which may be what your deadlock letter is) or 8 weeks have passed since the complaint then you can escalate the matter to the Financial Ombudsman Service (be aware they've big backlogs at the moment though).

dysucker

The amount I am requesting is £5986, most of which is for paint protection film applied to the car.
The material cost for this is high, but its been poorly installed over a dirty car, so is a complete waste of time. It'll cost me more to remove it and have it re-done.
They've offered £2,820, which is less than half what I've paid.

Ectophile

Essentially, your choices are:

• Take it to the financial ombudsman
• Take it to court, small claims procedure
  

born_again

How much was the paint protection film applied to the car, and what type of protection?

sheramber

Did the card company say why they are only prepared to refund that amount?
What part of the job did you pay for with card? Was the job paid or in parts so the card payment only covers part of the cost?

dysucker

sheramber said:

Did the card company say why they are only prepared to refund that amount?
What part of the job did you pay for with card? Was the job paid or in parts so the card payment only covers part of the cost?

I paid a partial amount on the card, but the invoice is for the complete work. There was only one job that included PPF, detailing, chrome delete, window tints and painting alloy wheels. The shop also damaged my car doing this work, so I'm reclaiming the whole amount.

The card company have said their investigation suggests that the work was completed, just not to my standard. I'm saying the only way the work could be complete is when the work is applied without needing to remove it to remedy the problems with the install.

Eg, the PPF has dirt underneath it, so requires removal, cleaning the car, then applying new PPF. This problem effects the window tints and the chrome delete as well.

I've asked my claim to be escalated to the FCA as I believe their assessment isn't accurate, I think they believe it's possible to just keep what I have for a reduced cost, but only if I want my car to be damaged further by dirt under the surface of the PPF, and also fixing the damage to my car during the install process out of my own pocket, which I don't believe is fair or reasonable.

dysucker

So I've asked Tandem to escalate my complaint to the FCA as I believe we've reached deadlock over the claim amount.

I assume this process will now take even longer to resolve?

I was considering a small claim against the company that did this work, but assumed S75 would be easier and quicker.

born_again

dysucker said:

So I've asked Tandem to escalate my complaint to the FCA as I believe we've reached deadlock over the claim amount.

I assume this process will now take even longer to resolve?

I was considering a small claim against the company that did this work, but assumed S75 would be easier and quicker.

You escalate the complaint to FOS. Once you have received their deadlock letter, not when you think you have reached deadlock.

S75 is never a quick option. The card co is paying out.