Trading Standards, Credit Cards and going to court

caelshorn

I really hope someone out there can give me some advice, I am at my wit's end.

The short version:
Last year I had my flat renovated (in Scotland). After informing myself and getting several quotes I asked all the right questions got guarantees in writing and so instructed the Flooging Guy to also install underfloor heating. Once it was all laid I tested it (in June).
When I switched it on in September it didn't work right. The fitter, electrician and Flooring Guy were incontactable. In December FG finally claimed it's nothing to do with him.
I contacted Trading Standards, who, frankly, weren't all that much help.
I wrote to both FG and the credit card company whith whose card I had paid (M&S) telling them if they don't sort it I would take them to court.
M&S told me since FG is still trading and hasn't got back to them they can't do any more.
FG has today told me the company is "folding" due to "fraudulent transactions".

Since an independent report showed that the system he installed is electrically unsafe and the heating inadequate (the system is inadvisable and should not have been installed) I do not want this company to remediate the problem anyway. The total claim is about £9500.

What do I do?

Is it true M&S can't do anything unless he contacts them?
Does the CC guarantee not oblige them to settle this irrespective of what he does?
Do I have to take them both to court? How do I do that, since it is above the small claims limit?

This whole thing has been dragging on so long, I have been ill and spent a load of money trying to heat my flat with blow heaters, and I get palpitations every time I have to deal with this situation.

I would be really grateful for any help I can get here. I have been thinking of going on Watchdog and writing to the Daily Mail and Sunday Telegraph, anything to get the money to fix my heating! But I don't know if that would negatively impact on any court claim I then make. Plus I've heard that even if the court judges in your favour, the parties involved aren't in any way forced to cough up, so most don't....

moonrakerz

caelshorn wrote: »

I
Is it true M&S can't do anything unless he contacts them? NO !
Does the CC guarantee not oblige them to settle this irrespective of what he does? YES !
Do I have to take them both to court? How do I do that, since it is above the small claims limit? You can claim off either, it's up to you ! You shouldn't need to go to Court. Sect 75 of the Consumer Credit Act.
/quote]

caelshorn

Hi Moonrakerz

I know I shouldn't have to go to court, but how do I get them to do anything without it? I can't find a copy of the actual act so I don't know the exact wording. I have spoken to a solicitor on the phone and he says it also depends whether the company is limited or not and the exact credit card agreement with M&S...

I'm preparing all the documents for the solicitor anyway, but if anyone else has any ideas of what I could do, they would be most welcome!

ZenUK

Section 75 - Consumer Credit Act 1974

Equal Liability

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/equal-liability

Guidance [pdf file]

http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft303.pdf