Section 75

sabelu

Well we went into a contract in Jan for a new bathroom total cost £6.8k. We advisrd a completion undertaking of April 1st completion. The deposit of 2.4k was made by cc. The company dragged their heels with installation and didnt start until mid March when they came to remove the old bathroom and do some remedial work. I had some concerns so contacted Consumerdirect and was advised to send a supply of goods act letter reconfirming the expected completion of 1st Apr. Well my fears came to fruition when the company ceased trading last week. We had most fixtures and fittings in our garage but nothing fitted and they our deposit.
Consumerdirect advised to write to the CC company claiming section 75.
What should my expectations of this be.
We have most of equipment but need it fitted and tiles light fan etc supplied. We also paid for/agreed to a project managed installation and a Buy Now Pay Later balance payment.

What can we expect? Will we get any compensation etc for the delay?

sabelu

Can anyone help please?

qazitory

If you have only paid the 2.4k, I would try and claim this back from your credit card company. As I believe people did with the whole Fairpak thing last year?

BenL

Give your CC company a ring. Don't let them fob you off, they are jointly liable.

Do some more research just incase they try to spring anything on you to try to get out of it.

You also now have most of the materials to get someone else in to finish the job so you have dropped quite lucky.

I doubt you will get any compensation as the company has ceased trading and the credit card co will only cover the goods/service.

Do the items you have total more than your deposit?

I think you are onto a good winner here.

Its bad luck though for any other customers that have paid cash deposits and no goods in their garage.

Extract from Martins article

It's all about section 75 protection!

Don't worry it's not going to get too complicated. All this stems from Section 75 of the Consumer Credit Act 1974, which is about 'credit giving' cards, and that's why this protection is sexily named "Section 75".
As when you spend on a credit card, you're effectively entering into an arrangement to borrow (even if you pay off in full) then you get these rights, and this is why you don't get the same rights with debit cards.
The Core Rule is if you pay for goods worth over £100 even partially on a credit card then the credit card company is equally liable with the retailer. That means if you have a problem such as non-delivery of goods, or with any of your above statutory rights, then you can go straight to the credit card company rather than the retailer. This is often extremely useful, as the retailer may've gone bust, or be being obstructive.
Recently it was challenged in court that this protection didn't apply if you're buying goods abroad, yet the Court of Appeal upheld consumers' rights. So buy abroad and you're protected. That means, if something goes wrong with a good bought abroad, you can simply make a claim directly against the credit card company, without contacting the foreign company

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchan

Good Luck

sabelu

How many days should I leave it without a reply from the cc company?

sabelu

Have received letter from cc company asking me to get three independent quotes for bathroom.
I have some questions.

As I have most of fixtures and fittings where do I stand legally, it will be difficult to get a bathroom company to fit items they havent supplied, and if I get tradesman they are unlikely one to be a secure guarantee for the work. Am I able to get completely new operation and fittings and insist what I have become property of cc company?

I am £2500 out of pocket from a bathroom costing £6900, whats my liability now? Are the cc company obliged to get me new bathroom at no further cost or do they pay the first £2500 and I the balance?

What if balance was in excess of original quote am I only liable up to total £6900 and they fund the excess?

The original deal was BNPL (12 months) are they obliged to offer same terms?

Any experiemces of this or advice to get the best deal as we have now been without any bathroom for six weeks and it been a real inconvenience. I not looking to get anything more than I entitled to, but what are my entitlements?

oldfella

the cc company is only liable for the 2.4K - did the goods you have come out of that ?
if so - you will only get the difference between the value of the goods and the 2.4K
if not - they owe you 2.4K

sabelu

According to Consumerdirect the cc company are liable to fulfill the contract in the manner agreed or conversely I could cancel the contract and ask for the 2.4k refund.