Section 75 Claim

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  • ROBOKOP
    ROBOKOP Posts: 14 Forumite
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    Deleted_User wrote: »
    I think everyone is fully aware of what section 75 is.

    What we're suggesting is instead of either a) going to court or b) waiting to pay and then make a section 75 claim, you confirm with them whether the contract is void.

    Section 75 is not a future or predictive losses device.

    Yes, will do. Although I suspect (as they will in effect be covering the loss) their argument will be that it is not. I have already spoken to them once regarding this before reading up on section 75 and their response was that the fees were still payable as they paid for the photos etc.. to be taken. Point of note (of which I intend to tell them) is that if any part of the contract is unfulfilled, then its still a breach.

    Will let you know how I get on...
  • bris
    bris Posts: 10,548 Forumite
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    I suppose the question needs asked. Have you sold the house or was it still up for sale with them when they went bust?


    Are you now with another estate agent?
  • ROBOKOP
    ROBOKOP Posts: 14 Forumite
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    bris wrote: »
    I suppose the question needs asked. Have you sold the house or was it still up for sale with them when they went bust?


    Are you now with another estate agent?

    It was up for sale with them when they went into administration. I am not with another agent, or sold my house. That is none of their business anyway. The contract was to take photo's and market the property for 10 months...They stopped doing this after month 5...
  • ROBOKOP
    ROBOKOP Posts: 14 Forumite
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    Update for anyone following the thread.....

    Spoke to Shawbrook said that I want to get them to void the contract or alternatively issue a final response to my complaint so that I can go to the FOS. They gave me a number to call (Looks like they now have a number to deal with these specifically) 0330 123 0485. I work in the financial services industry so to be clear they have 8 weeks to void the contract or I go directly to the FOS with the complaint....Will update you in 8 weeks.....!!!
  • tepilocustomer
    tepilocustomer Posts: 3 Newbie
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    I have sent you a PM, Robokop.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    tepilocustomer wrote: »
    I have sent you a PM, Robokop.


    Why a PM ?


    You have a reply on your thread, have you noticed it ?
  • 668redress
    668redress Posts: 8 Forumite
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    Hi I am in a similar position, I have complained to Shawbrook who ignored me from December to March when I chased them again as I noticed my credit score had been impacted due to not paying. I am of the view that due to my contract being breached I am not liable to pay. Shawbrook has finally come back with their offer after I emailed the CEO - they have offered to reduce my loan by the number of months I did not receive a service. They have said that I cannot go to the FOS as the term of the loan is less than 12 months :(
    Have you had a decision from Shawbrook - I'm not impressed with them
  • ROBOKOP
    ROBOKOP Posts: 14 Forumite
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    They tried to reduce the loan. I am awaiting a decision from the FOS. I believe the duration of the loan is immerterial, is is covered under s75.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    668redress wrote: »
    Hi I am in a similar position, I have complained to Shawbrook who ignored me from December to March when I chased them again as I noticed my credit score had been impacted due to not paying. I am of the view that due to my contract being breached I am not liable to pay. Shawbrook has finally come back with their offer after I emailed the CEO - they have offered to reduce my loan by the number of months I did not receive a service. They have said that I cannot go to the FOS as the term of the loan is less than 12 months :(
    Have you had a decision from Shawbrook - I'm not impressed with them

    Luckily lenders don't see your score, they see your history.
  • 668redress
    668redress Posts: 8 Forumite
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    So the FOS has accepted yr complaint - Shawbrook informed me I could not take it to FOS and had the cheek to offer me £30 for dealing with my complaint badly!!!
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