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So why a problem but S.75 say "no breach of contract"?
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Let' face it, this site has never really been fit for purpose. Site improvements rarely have been. It served it's purpose in making ML very rich.
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The FOS won't get involved in the consumer rights element of a S.75 claim, just as an FYI. They're only interested in whether the bank has followed their S.75 procedure properly, which from the sounds of it they have. The bank wants you to supply evidence that the supplier is in breach of contract, and it's not good enough for you to just say they are.
The best way to provide this is an independent report (perhaps from a structural engineer) that can identify the problem and explain why the supplier has fallen short of their obligations here. There's a non-zero chance that they they're not in breach but you won't get anywhere without a report from an expert that explains that.1
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