Section 75 claim for working system but poor workmanship

walrrrus

I had a towbar fitted to my campervan. It developed a fault, but my main problem is the quality of the wiring install. It's a Fiat Ducato van so the battery is under the passenger footwell and it's access panel is walked on whenever you have a passenger. The installer had laid the towbar control box on top of the battery, so that you crush it every time you walk over the panel - and the panel itself no longer fits properly. It can't be moved easily as the wires are too short.

It went back today to get the fault fixed and to get them to tidy up the install. When it came back they dropped it off and left. The fault seems to have gone but when I checked the battery box all they've done is wedge the control box next to the battery and changed nothing else. The lid still doesn't close properly. It needs all the cables extending and the control box relocating (as per the manufacturer's instructions) - so they've bodged it.

I don't really want to give it back to the installers as they are now a long way away and a pain to deal with - they've had a chance to fix it and only partially succeeded.

The installation was paid for on a Credit Card - so my question is: If I make a section 75 claim for the poor workmanship is it likely I will be successful, or will I have to give them another chance to make it good? Are they likely to contest the claim and if so, how would I handle that?

the_lunatic_is_in_my_head

Services are repeat performance > price reduction.

They’ve had a repeat performance so you are entitled to the price reduction, that should be the difference between what was paid and what was given, cost of redoing it correctly would seem about right.

Burden of proof is upon yourself so cc might ask for an expert opinion on the matter, if they do and that opinion agrees with you cc should cover the cost of obtaining that opinion.

The breach to argue would be (a lack of) due care and skill, which is an implied term.

If cc try to fob you off raise an official complaint.

Above assumes the install cost was over £100.

born_again

Best bet speak to bank & ask exactly what they would require to look at your case.

Poor workmanship is very subjective.

Jenni_D

Poor workmanship is very subjective.

.. unless it is clearly done against the manufacturer's installation guide (as is suggested by the OP). 🤷‍♀️

born_again

So OP would need to prove the error.

Jenni_D

https://forums.moneysavingexpert.com/discussion/comment/81932651#Comment_81932651

Indeed - exactly as @the_lunatic_is_in_my_head has already explained. 🙂