Barclays Partner Finance

Ayjaybee

Good morning all, this is a bit of a long winded one so I'll try and keep it as short as possible.  In 2018 my wife and I purchased a new kitchen including the install. At the time, our credit rating wasn't the best so my Brother-In-Law agreed to put the finance in his name. Our kitchen has been plagued with issues from day one but the main one just will not go away. We have given the company numerous chances to put it right but the problem still keeps coming back. We raised a S75 around 12 months ago and the remedial works were carried out successfully and BPF closed the S75.  As the problem has returned my wife and I have decided enough is enough. I raised another S75 with Barclays to reject the kitchen however they have rejected this claim because the finance is in my Brother-In-Laws name and he doesn't own the kitchen. I have tried to contact BPF to discuss the case but they seem to be ignoring my emails and generally being very unprofessional.  Any advice on this would be greatly appreciated however I personally think that my only option now is to take the kitchen company to a small claims court. 

Grumpy_chap

Ayjaybee said:

Good morning all, this is a bit of a long winded one so I'll try and keep it as short as possible.  In 2018 my wife and I purchased a new kitchen including the install. At the time, our credit rating wasn't the best so my Brother-In-Law agreed to put the finance in his name. Our kitchen has been plagued with issues from day one but the main one just will not go away. We have given the company numerous chances to put it right but the problem still keeps coming back. We raised a S75 around 12 months ago and the remedial works were carried out successfully and BPF closed the S75.  As the problem has returned my wife and I have decided enough is enough. I raised another S75 with Barclays to reject the kitchen however they have rejected this claim because the finance is in my Brother-In-Laws name and he doesn't own the kitchen. I have tried to contact BPF to discuss the case but they seem to be ignoring my emails and generally being very unprofessional.  Any advice on this would be greatly appreciated however I personally think that my only option now is to take the kitchen company to a small claims court. 

I think, in terms of S75 cover, Barclays are correct that there is no cover as your BiL has not suffered any loss as a result of the faulty kitchen and you are not covered under S75 as not party to the finance.

I am actually surprised that the first S75 claim was entertained by Barclays.

I also think Barclays are correct in refusing to communicate with you, so ignoring your e-mails does not seem unprofessional, but totally correct respecting your BiL's privacy.  You are not a party to the finance so I do not see how Barclays can communicate with you - if there is a claim (which there may not be), then your BiL would need to be in contact with Barclays himself.

I am trying to understand the timeline here:

New kitchen in 2018 - so now 3 years old.
What did you pay for the kitchen?

Plagued with issues - what were they and how were they resolved?

The "main issue" won't go away - what is that issue?
The S75 was raised when the kitchen was 2 yo.
What were the remedial works?
Did you sign that as accepted after the remedial works?
I assume no financial redress if the remedial works were satisfactory?

How and when did the "main issue" return?
What is this issue?
Is it in any way linked to the age of the kitchen and general use / wear-and-tear?

It does look like the consumer rights may have been exhausted, as the "main issue" was remedied successfully at the first S75.  If that was accepted, then it is difficult to now claim the issue as a latent defect or a fault that was present / developing from the time of sale.

If you were to go to small claims court, what loss would you be claiming for?

MattMattMattUK

Ayjaybee said:

Good morning all, this is a bit of a long winded one so I'll try and keep it as short as possible.  In 2018 my wife and I purchased a new kitchen including the install. At the time, our credit rating wasn't the best so my Brother-In-Law agreed to put the finance in his name. Our kitchen has been plagued with issues from day one but the main one just will not go away. We have given the company numerous chances to put it right but the problem still keeps coming back. We raised a S75 around 12 months ago and the remedial works were carried out successfully and BPF closed the S75.  As the problem has returned my wife and I have decided enough is enough. I raised another S75 with Barclays to reject the kitchen however they have rejected this claim because the finance is in my Brother-In-Laws name and he doesn't own the kitchen. I have tried to contact BPF to discuss the case but they seem to be ignoring my emails and generally being very unprofessional.  Any advice on this would be greatly appreciated however I personally think that my only option now is to take the kitchen company to a small claims court. 

Barclays are correct, the link is broken and therefore Section 75 is not applicable. They are also correct to ignore you, you have no contractual relationship with them and to talk to you about finance in the name of your brother-in-law would be a breach of data protection and financial regulations.

You can take the fitter to the small claims court (value dependent), but the issue there might be that you did not buy the kitchen from the fitter, technically you brought it from your brother in law and he no longer owns the kitchen. Also, read the finance agreement very carefully first, make sure that your original application was legal and above board with regard to it being fitted in your house, but your brother-in-law being on the finance etc. 

Ayjaybee

Thanks for the prompt response gents 

Emails were sent by my BiL with requests for authorisation for me to discuss the S75. You would expect a response either way but emails are being ignored (checked usual avenues).

The main issue is with the finish on the units and draws (anthracite gloss grey) white dots and chips appearing in random places. If it was wear and tear you'd expect to see marks appearing around common places but this is not the case.

Handles falling off, taps falling apart, washing machine not correctly installed the to name just a few.

Cost of the kitchen £12500 inc Installation.


 

born_again

Ayjaybee said:

Thanks for the prompt response gents 

Emails were sent by my BiL with requests for authorisation for me to discuss the S75. You would expect a response either way but emails are being ignored (checked usual avenues).

The main issue is with the finish on the units and draws (anthracite gloss grey) white dots and chips appearing in random places. If it was wear and tear you'd expect to see marks appearing around common places but this is not the case.

Handles falling off, taps falling apart, washing machine not correctly installed the to name just a few.

Cost of the kitchen £12500 inc Installation.


 

The only way they would discuss it with you is if your BIL phones them, goes through whatever security they have. Then says that he gives authority to talk to you.
Emails can be spoofed, so they have no idea who is sending them...

But they are correct as BIL bought it and has in effect given the kitchen to you (he got no use out of it) there is no S75 claim. They could now they have discovered this actually claim back the previous payout.

I would also think that there was a "Full & Final settlement" letter signed after the 1st payout.

Ayjaybee

 MattMattMattUK said:

 Also, read the finance agreement very carefully first, make sure that your original application was legal and above board with regard to it being fitted in your house, but your brother-in-law being on the finance etc. 

Just a thought, however I may be clutching at straws   what's stopping my BiL saying that he owns the kitchen. He has made the finance payments from his bank.

Ayjaybee

born_again said:

I would also think that there was a "Full & Final settlement" letter signed after the 1st payout.

There has been no payments and no final settlement, BPF closed the S75 after the kitchen company replaced the damages that keep occurring.

MattMattMattUK

Ayjaybee said:

 MattMattMattUK said:

 Also, read the finance agreement very carefully first, make sure that your original application was legal and above board with regard to it being fitted in your house, but your brother-in-law being on the finance etc. 

Just a thought, however I may be clutching at straws   what's stopping my BiL saying that he owns the kitchen. He has made the finance payments from his bank.

Firstly it is installed in your home, not his, secondly it could be regarded as fraud if found to be an incorrect statement.

Aylesbury_Duck

Ayjaybee said:

 MattMattMattUK said:

 Also, read the finance agreement very carefully first, make sure that your original application was legal and above board with regard to it being fitted in your house, but your brother-in-law being on the finance etc. 

Just a thought, however I may be clutching at straws   what's stopping my BiL saying that he owns the kitchen. He has made the finance payments from his bank.

Whose name was on the order form?   Yours, I suspect, with your BiL simply providing the finance?  If so, then lying in order to get the finance provider to pay out would be a fraud easily discovered.

Ayjaybee

I'll sell him the kitchen for one whole pound, I reckon that's a good price with the state it's in.

sheramber

Ayjaybee said:

I'll sell him the kitchen for one whole pound, I reckon that's a good price with the state it's in.

Thenhe would be buying it from you , not through the finance from the kitchen company.