Section 75 and compensation

monz87

Hi, i'm in the middle of a section 75 claim via my credit card company. They require 2 quotes for the works to put the situation right and associated costs. Apprently they do not cover compensation for stress and anxiety and effort and inconvenience etc.

We had flooring installed in a three storey house when building works were being carried out and the house was empty. The flooring has been laid ioncorrectly, cut incorrectly, not screeded and makes so much cracking noises. It is such a faff to replace flooring with 7 people in the house with all our stuff. Plus I've had some poor health since a couple of years and this is a lot to deal with. Also I have to install LVT now to go up to the skirting boards, as the skirting was fitted after the laminate flooring. I don't want the drama of removing skirting everywhere that was glued and nailed and having that fixed nor do I want beading to cover expansion gaps on regular laminate.

Is there a way to claim compensation for stress and anxiety and effort and inconvenience etc? If section 75 wont do it, can I claim it seperately? I went via section 75 because I found it easiest and didn't want to go through courts etc and they were very easy and helpful, I had a floor inspector round, which they reimbursed me for and his report was very clear who was at fault and that's all they seem to need. But I'm just realising that I really hate the company messed me about and blanked me etc and considering everything I'm going through, I shouldnt have to deal with flooring issues too so I want compensation for my suffering.

Please advise. Thanks.

eskbanker

monz87 said:

Is there a way to claim compensation for stress and anxiety and effort and inconvenience etc? If section 75 wont do it, can I claim it seperately? I went via section 75 because I found it easiest and didn't want to go through courts etc and they were very easy and helpful, I had a floor inspector round, which they reimbursed me for and his report was very clear who was at fault and that's all they seem to need. But I'm just realising that I really hate the company messed me about and blanked me etc and considering everything I'm going through, I shouldnt have to deal with flooring issues too so I want compensation for my suffering.

No, the card company is liable to pay for the remedial work but isn't responsible to pay compensation over and above that, and I'm not sure who else you'd anticipate claiming from?  The company who breached the contract would be the only potential source for that, albeit without any actual legal obligation, but obviously if you were able and willing to continue to pursue them then you wouldn't be claiming from your card company under s75 instead....

DullGreyGuy

monz87 said:

Is there a way to claim compensation for stress and anxiety and effort and inconvenience etc? If section 75 wont do it, can I claim it seperately? I went via section 75 because I found it easiest and didn't want to go through courts etc and they were very easy and helpful, I had a floor inspector round, which they reimbursed me for and his report was very clear who was at fault and that's all they seem to need. But I'm just realising that I really hate the company messed me about and blanked me etc and considering everything I'm going through, I shouldnt have to deal with flooring issues too so I want compensation for my suffering.

If you get a report from your psychiatrist confirming what medications they had to put you on or other treatments then you have a chance of claiming for anxiety/stress, confirming your mental health prior to this breakdown and the long term prognosis. Before you do spending the money already, those that suffer whiplash and psychological damages that last 18 months get an additional £130 -v- those with whiplash along. 


Assume it was just a bit of a pain and you weren't sectioned or medicated then no, the courts accept that life a bit crappy sometimes and you can only claim for your actual financial losses. 

monz87

So I had adverse reactions from 2 sets of anti biotics which caused a whole host of issues, this started before these works and I have seen several doctors for these issues for which I still suffer. However, the flooring issues have ADDED and casued additional stress and axiety which shouldn't have been the case. I don't take medication as they haven't found an actual root cause for what I'm going through. Either way this extra suffering is the fault of the flooring company.

Aside from the section 75, can I pursue a compensation claim via an alternative route?

eskbanker

monz87 said:

Aside from the section 75, can I pursue a compensation claim via an alternative route?

Compensation from whom, and on what legal basis?

monz87

eskbanker said:

monz87 said:

Aside from the section 75, can I pursue a compensation claim via an alternative route?

Compensation from whom, and on what legal basis?

Compensation from the flooring shop for the suffering they caused? Especially as a claim has been accepted by the card company, allbeit for the remedial works rather than the suffering. If it went to a small claims court, I'm sure the remedial and compensation could be claimed?

eskbanker

monz87 said:

eskbanker said:

monz87 said:

Aside from the section 75, can I pursue a compensation claim via an alternative route?

Compensation from whom, and on what legal basis?

Compensation from the flooring shop for the suffering they caused? Especially as a claim has been accepted by the card company, allbeit for the remedial works rather than the suffering. If it went to a small claims court, I'm sure the remedial and compensation could be claimed?

Section 75 holds the card company jointly and severally liable with the merchant, so the fact that you've succeeded with a claim for remedial work from them doesn't bind the flooring company to any liability for anything.  If you were to take it to a court, which remains your prerogative, you'd need a somewhat more convincing tale in order to persuade the court that the company is legally liable to pay anything other than the direct cost of the breach, so don't be under any illusion that you have any right to compensation!

monz87

eskbanker said:

monz87 said:

eskbanker said:

monz87 said:

Aside from the section 75, can I pursue a compensation claim via an alternative route?

Compensation from whom, and on what legal basis?

Compensation from the flooring shop for the suffering they caused? Especially as a claim has been accepted by the card company, allbeit for the remedial works rather than the suffering. If it went to a small claims court, I'm sure the remedial and compensation could be claimed?

Section 75 holds the card company jointly and severally liable with the merchant, so the fact that you've succeeded with a claim for remedial work from them doesn't bind the flooring company to any liability for anything.  If you were to take it to a court, which remains your prerogative, you'd need a somewhat more convincing tale in order to persuade the court that the company is legally liable to pay anything other than the direct cost of the breach, so don't be under any illusion that you have any right to compensation!

Ok thank you so much for your input. I have chosen one of the most expensive LVT floors, maybe that will be my compensation

km1500

Not sure what you mean by this but isn't there risk that you will be liable to pay for the difference between what you originally paid and the new more expensive upmarket floor

DullGreyGuy

monz87 said:

So I had adverse reactions from 2 sets of anti biotics which caused a whole host of issues, this started before these works and I have seen several doctors for these issues for which I still suffer. However, the flooring issues have ADDED and casued additional stress and axiety which shouldn't have been the case. I don't take medication as they haven't found an actual root cause for what I'm going through. Either way this extra suffering is the fault of the flooring company.

Aside from the section 75, can I pursue a compensation claim via an alternative route?

Your rights against both are the same... 

So did you see a psychiatrist because of the anxiety caused by this issue? Did the GP prescribe you any medication to make you sleep at night or to stop the anxiety? You say the cause was the issue of the flooring, you cannot blend/complicate it with prior medical issues.

You can spend a good amount of money on a psychiatrists report into the impact this had on your mental health to see if it supports your claim for general damaged but if your GP didnt even think it was bad enough to prescribe anything its highly likely you are wasting your money.