Section 75 small print

angiedavies

Hi there. I had to replace the patio doors, back door and three rear windows as my home was broken into and the police brought to my attention that they had easily gained access through a window. It had a profound affect on me as I already suffer from anxiety, multi layered PTSD and depression. I also feel particularly vulnerable as I am severely physically disabled and live alone. It was devastating for me.
some time later a replacement window company came out to quote under the condition that I wouldn’t have them fitted for a good few months as I needed to remortgage due to my interest only mortgage coming to an end. My mother and brother travelled up to support me. While I was out of the room the salesman worked on my mother and got her to sign a loan form for her to take up the money despite her being in her late 70’s. They promised all sorts and delivered none. They intimidated me into signing a satisfactory completion form by the muscle bound fitter putting one arm on the back of my specialist office chair and the other on the desk near me, face into mine stating I needed to sign it or he wouldn’t get paid. One of the sliding patio doors had been sent the wrong size so I said I didn’t want to sign until that was done. He frightened me so much that I signed. This is just an example of what happened.
if the rain is being driven with a certain wind direction water pours in two of the windows so I need saucepans and bath sheets. My patio vertical blind came crashing down because of water running through where the raw plugs are. I tried to get them to sort the problem but they said only if I paid £800 for a new bathroom window.
anyway they of course have gone into liquidation now. My mother lodged a section 75 with Barclays who the salesman used. They started to preocess the claim but then said they could no longer proceed as it was of no benefit to my mother as she doesn’t live with me. I checked with the ombudsman and after some investigation he agreed with this clause.
my argument is what constitutes benefit? My mother gained huge benefit from reducing my psychological symptoms post the break in. She also benefitted from a reduction in her worry and concern for my well-being and safety. It cannot be said that physical benefit is more important than psychological benefit as I know only too well as I am a member of The British Psychological society. Does anybody know any more about this ‘benefit’ clause please? I would be most grateful 

FeaturelessVoid

The purchaser (your mother) doesn't benefit from this purchase, it's not their house.

There are examples of people benefiting from certain things, it's generally where they also have use of it.

Whikst I appreciate the argument that they "benefit" whilst they visit, that's a very very loose definition that the FOS don't agree with.

born_again

angiedavies said:

Hi there. I had to replace the patio doors, back door and three rear windows as my home was broken into and the police brought to my attention that they had easily gained access through a window. It had a profound affect on me as I already suffer from anxiety, multi layered PTSD and depression. I also feel particularly vulnerable as I am severely physically disabled and live alone. It was devastating for me.
some time later a replacement window company came out to quote under the condition that I wouldn’t have them fitted for a good few months as I needed to remortgage due to my interest only mortgage coming to an end. My mother and brother travelled up to support me. While I was out of the room the salesman worked on my mother and got her to sign a loan form for her to take up the money despite her being in her late 70’s. They promised all sorts and delivered none. They intimidated me into signing a satisfactory completion form by the muscle bound fitter putting one arm on the back of my specialist office chair and the other on the desk near me, face into mine stating I needed to sign it or he wouldn’t get paid. One of the sliding patio doors had been sent the wrong size so I said I didn’t want to sign until that was done. He frightened me so much that I signed. This is just an example of what happened.
if the rain is being driven with a certain wind direction water pours in two of the windows so I need saucepans and bath sheets. My patio vertical blind came crashing down because of water running through where the raw plugs are. I tried to get them to sort the problem but they said only if I paid £800 for a new bathroom window.
anyway they of course have gone into liquidation now. My mother lodged a section 75 with Barclays who the salesman used. They started to preocess the claim but then said they could no longer proceed as it was of no benefit to my mother as she doesn’t live with me. I checked with the ombudsman and after some investigation he agreed with this clause.
my argument is what constitutes benefit? My mother gained huge benefit from reducing my psychological symptoms post the break in. She also benefitted from a reduction in her worry and concern for my well-being and safety. It cannot be said that physical benefit is more important than psychological benefit as I know only too well as I am a member of The British Psychological society. Does anybody know any more about this ‘benefit’ clause please? I would be most grateful 

That clause only relates to the goods. As she does not live in the house, she has not benefit out of them. Sadly your psychological symptoms has no bearing in the condition at all.