Section 75 and house insurance claim

gerald2h

I had the bathroom refurbished last year. Unfortunately there were a couple of leaks but being in a bungalow they didn’t show for a while. I payed the firm for supply of goods and they recommended an installer. Again I paid the supplier. Both payments were made by CC. I had to claim of my insurance company, they paid out. But I also informed them that I was making a section 75 claim. Which was successful. The insurance company are chasing the company for there loss. But the supplying company want the section 75 refund transferred back to them, if not allegedly they are going to try and take me to a small claims court. Where do I stand with this.

TadleyBaggie

Are you sure it wasn't a chargeback and not a section 75.

gerald2h

No it was a section 75, the credit card company found in my favour on both claims, products claim and installation claim.

visidigi

gerald2h said:

I had the bathroom refurbished last year. Unfortunately there were a couple of leaks but being in a bungalow they didn’t show for a while. I payed the firm for supply of goods and they recommended an installer. Again I paid the supplier. Both payments were made by CC. I had to claim of my insurance company, they paid out. But I also informed them that I was making a section 75 claim. Which was successful. The insurance company are chasing the company for there loss. But the supplying company want the section 75 refund transferred back to them, if not allegedly they are going to try and take me to a small claims court. Where do I stand with this.

So your house insurance paid out....and then you filed a S75 for the supplier?

So you made money from the leaks?

flashg67

visidigi said:

gerald2h said:

I had the bathroom refurbished last year. Unfortunately there were a couple of leaks but being in a bungalow they didn’t show for a while. I payed the firm for supply of goods and they recommended an installer. Again I paid the supplier. Both payments were made by CC. I had to claim of my insurance company, they paid out. But I also informed them that I was making a section 75 claim. Which was successful. The insurance company are chasing the company for there loss. But the supplying company want the section 75 refund transferred back to them, if not allegedly they are going to try and take me to a small claims court. Where do I stand with this.

So your house insurance paid out....and then you filed a S75 for the supplier?

So you made money from the leaks?

I was thinking the same. It wouldn't seem right for you to get paid out twice, unless I've read it wrong? 

gerald2h

Visidigi, when I initially contacted the company, they were of no help, the work was only 2 months old. They told me to go through my home insurance. I did inform the insurance company that I was making a section 75 claim. I had to move out of my house for 3 months.

visidigi

gerald2h said:

Visidigi, when I initially contacted the company, they were of no help, the work was only 2 months old. They told me to go through my home insurance. I did inform the insurance company that I was making a section 75 claim. I had to move out of my house for 3 months.

I see your thought process, but you can't just claim it back on top, it would have to be claimed in court - I am actually not sure on what ground the S75 was successful given the bathroom you now have is either the one the insurance refitted or replaced.

gerald2h

I have offered to pay the money to the insurance company, but the supplier wants the money before they will allegedly settle with the insurance company. If I pay the insurance, they will still try and take me to a small claims court.

Aylesbury_Duck

gerald2h said:

Visidigi, when I initially contacted the company, they were of no help, the work was only 2 months old. They told me to go through my home insurance. I did inform the insurance company that I was making a section 75 claim. I had to move out of my house for 3 months.

What exactly did the insurance company pay for?  From your description, it sounds like you want paying twice.  If the insurance policy paid for you to live elsewhere for three months, fixed the damage caused by the leak and fixed the source of the leak, what are you claiming via Section 75, because all your losses have been made good by the insurance payout?

If you have been paid twice, then it's up to the insurance company to recover costs from your installer.  It sounds as if your supplier is being hit twice: once by your insurer, and again by your credit card.  As much as you'd like to be paid twice, it's not fair that the supplier is charged twice.

gerald2h

I went down both routes because it wasn’t clear whether the insurance would pay out because of the standard of the installation 

TadleyBaggie

gerald2h said:

I have offered to pay the money to the insurance company, but the supplier wants the money before they will allegedly settle with the insurance company. 

If they've paid you and then they have to pay the insurance company, they've paid out twice which can't be right.