Credit Card Section 75

pedro789

Hi
If anyone could give advice, I'd really appreciate it.

I had floor supplied and fitted last month. The fitting was very poor and the company came last week to fix issues (not level, gaps, poor cuts etc). But there are still lot of things we're not happy with. I paid 50% on credit card and feel I should claim it back from credit card company.

Do I need to get independent report to start claim?

I feel like I've given company chance to fix, but it's still poor and lost confidence in them doing it properly tbh.

Thanks

the_lunatic_is_in_my_head

With a service you have the right to a repeat performance, if the trader fails to do it (so that the service conforms to the contract) within a reasonable time and without significant inconvenience then you have the right to a price reduction, which may be up to the full contract price.

I don't think the Consumer Rights Act makes mention of the burden of proof regarding the service not conforming to the contract, if the CC company require something such as an independent inspection then it would be easiest to comply but I'd expect them to cover any costs should it be in your favour. 

pedro789

the_lunatic_is_in_my_head said:

With a service you have the right to a repeat performance, if the trader fails to do it (so that the service conforms to the contract) within a reasonable time and without significant inconvenience then you have the right to a price reduction, which may be up to the full contract price.

I don't think the Consumer Rights Act makes mention of the burden of proof regarding the service not conforming to the contract, if the CC company require something such as an independent inspection then it would be easiest to comply but I'd expect them to cover any costs should it be in your favour. 

Thanks, that's very helpful. So I should let company know still not happy + starting claim with CC company. Get report done if CC ask for it, not before?

born_again

Speak to your CC they will advise you want they require to take the case forward for you.
Usually it will require a independent report.
But they may look at a chargeback 1st.