Section 75

Scoobynatural

I had a conservatory built in 2021, since then had to call out the company several times to fix the same issue, leak between the building and conservatory. Autumn 22 started to leak then there  black mould, fixed in Jan 23,  This year still leaking, since beginning  of August, people come out, the office says thought it was completed, the last lot came out caused damage to the floor.

I paid £4k on credit card , as was getting 1% cash back.

Because of the ongoing issues and the company still not repaired, is there eligibility to make a claim under the section 75?

I want to see if this is eligible under section 75 so can use this in email to force them to sort the conservatory out.

I am giving them another 7 days to come back as they say waiting on parts.

cheers in advance.

Alderbank

You can't force anyone 'to sort the conservatory out'.
For starters, it might not be technically possible to do a permanent fix. Consumer law, and s75, would only give you an agreed sum of money.

The company has not ignored you, they are trying to fix the problem and they have tried several times previously but the issue has returned.
You might be thinking that although willing they do not have the skills to do the job. Attaching a conservatory to some  buildings, especially where there are low eaves such as bungalows, can be technically challenging.

It could be that what they are doing is never going to work properly. You might want to consider inviting one (or more) local companies with a good reputation to inspect the build and advise what needs to be done and how much it would cost. That would give you a basis for negotiation with the builders.

marcia_

 In addition to the above yes you could have a S75 claim. Contact your credit card provider. 

the_lunatic_is_in_my_head

Hello OP

Assuming the issue is an aspect of the service (rather than goods), if after one repair attempt the service does not conform (i.e a problem still exists) you would be entitled to a price reduction, mainly the cost of resolving the issue. 

As above see if another local company can quote for a fix and then either seek to recover that from the original trader or via S75.

It would be wise to get the second company to put something in writing as to what the issue is and why it's occurred so you can show the first trader didn't carry out the service with reasonable care and skill.   

born_again

S75 possible. But will require a independent report on the issue. Which you will get the cost back if you win.

What was the total cost of the conservatory?

Scoobynatural

The conservatory was £14k. It is a simple build attached to a extension, nothing complicated.

Happy with it, just niffed they can't sort the issue, tell a lie, the last person who came has sorted it, just not made good the full repair, all comes with warranty, just looking to see if can fretten with a s75 to get their figure out.

eskbanker

Scoobynatural said:

I want to see if this is eligible under section 75 so can use this in email to force them to sort the conservatory out.

Scoobynatural said:

just looking to see if can fretten with a s75 to get their figure out.

Assuming you mean 'threaten' (and 'finger' for that matter'!), you can't use s75 to apply pressure to a merchant, as a s75 claim is effectively used solely to hold the card provider jointly liable, so you're essentially doing the exact opposite of pressurising the retailer when you're chasing someone else instead.