Section 75 Claim

NorthernFrog

I had a bathroom fitted and before the installer could complete the snag list the company went into liquidation. We contacted the credit card company about claiming back money required to fix these snags. We opened a section 75 based on the skills of the installation rather than quality of parts. We have provided them with photographs of the issues / quotes for completing the work which they asked for but now they are asking for a report as they are "not experts in bathroom fitting" which I have to provide at my own cost. The cost will be refunded on a successful claim but the only people I can find who will do this report is a surveyor which costs in the region of £660 for the report. I feel like they are trying to put me off claiming my money back due to the expense of getting a suitable report. I can't really afford to gamble another £660 on getting my bathroom sorted and I'm just expecting a feeble technicality from them to stop the refund. Can the credit card company actually do this or is it just scare tactics to stop me pursuing the refund?

MorningcoffeeIV

They're not trying to put you off - they're being totally honest with you. They're not bathrooms fitters so need evidence of the issues.  After all, you're asking them to pay to fix your bathroom.

It's unreasonable to expect them to come out and inspect your bathroom for free so you need to provide the evidence. 

If you don't think you have genuine issues with the bathroom and you're just having a punt, then I agree, you may not want to spend more money. But obviously if there are real issues, then crack on and get it done.

DullGreyGuy

Your complaint is about a service rather than goods and the unfortunate reality is that CRA protections are not as gold plated for services as they are for goods. 

Unlike goods from the outset it is up to you to prove the work is defective and its not unreasonable for that to be in the form of an expert opinion. Like all claims, its for the claimant to prove their case and carry the initial upfront costs of doing so but those are recoverable from the defendant if the case is proven. 

It may be worth having a conversation with the bank about the cost, particularly if the rectification work isnt very expensive as they may decide its not worth a £660 report on a say £500 which more than doubles their outlay if they lose.

Given the vendor is insolvent any reason why you didnt attempt a partial chargeback first? They dont come out of your banks pocket and so they typically ask for a much lower level of evidence.

born_again

It might be as well to get some quotes for fixing the issues. Then contact bank with these details. This will be far more agreeable to them than the cost of the bathroom.

As S75 will not fix the issue for you. 

sheramber

Would a report by another ( or more than  one) bathroom fitter not suffice?

DullGreyGuy

sheramber said:

Would a report by another ( or more than  one) bathroom fitter not suffice?

Yes, if its written as a report. Just a quote to do some work wont. 

Most plumbers/tilers etc would rather be getting on with doing the next new bathroom fit than sitting in front of a computer trying to type out a report.