Section 75 - credit card company only offering partial refund

unholyangel

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.

I think you mean the FoS. FCA don't deal with consumer complaints (although FoS do pass bulk data on to them to let them know what the common issues are or if there's been a breach of duties). 

If they've given you their final offer in writing, it should contain details on how to refer to the FoS if you disagree with their decision. If not, ask them to send you a letter. 

You could also issue legal proceedings against the creditor in reliance of s75. But that would then prohibit you from taking the case to the FoS and if you didn't like the court's decision you would be limited to the upper courts - the higher up the courts you go the more pricey it gets. While if you go to the FoS and disagree with their decision, you can still take it to court. 

Plus FoS can consider things like reasonableness and fairness that may not be open to a judge, who will be bound to interpret the law as it has been written.