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Barclaycard section 75 advice

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  • Barclaycard section 75 advice

    Hi Members.
    I hope someone can advise on what we can do?

    We bought a solar pv system over a year ago. From the offset the system was not installed correctly and the engineer had to come back on several occassions to install isolation switches and so on.
    The system was still not working correctly so we contacted the supplier again, all emails and telephone calls ignored until we filed for a chargeback which was within the time scale of allowing this.
    This was filed during covid and there was a backlog of claims due to staff shortages we were told and the time has lapsed for a chargeback so we had to file a section 75 claim.

    Barclaycard asked us to get an independant engineers report to highlight any issues, this we would have to pay to the tune of £550 and were advised in the letter we would be reimbursed once they received the invoice and report, it has been 9 months and we srtill have not received any payment.

    The engineers report highlighted many safety issues, a faulty part and advised the system would need a total reinstall of all wiring. Barclaycard asked us to find a qualified electrician to inspect and estimate the cost to rectify. This quotation was sent to barclaycard.

    After several months they have wrote to us and stated in a letter that they would reimburse the cost of the electricians work and engineers report to the cost of £1400, this would be sent in the way of credit to our credit card and that it was a full and final settlement, from this I contacted them and asked what they meant by full and final settlement, they replied that they would leave a note on the file for any future claims to which I stated full and final settlement means to me that the matter is completed and that barclaycard has no obligation to help further down the line ifanything happens to the system.

    The company who we paid £7000.00 have went into liquidation during our claim.

    The system came with roof insurance which we have never received any paperwork for, the panels, inverter and battery came with between 5 and 10 year warranty, we feel as if something does go wrong then we are going to have to spend a considerable amount of money to replace any item, the battery alone is £3500.00 at today's prices.

    It has been over a year since we filed the claim, is it normal to have items repaired under the section 75 claim or can we ask for the system to be removed so we can find another company to install a system correctly.

    Thanks for any advise.
    Tags: None

  • #2
    Under section 75 Consumer Credit Act 1974 a credit card company is jointly and severally liable with a supplier for the supplier's breach of contract.

    It appears to be accepted that the supplier is in breach of contract.

    The remedy for breach of contract is damages to put you in the position you would have been in had the supplier properly performed its contract with you. Have you investigated the options - can someone else complete the work, correcting defects? Does the wole thing need to be ripped out and started again?

    I am guessing (so could be wrong) that your card company wants you to investigate the options and then to go for the more economical route of getting you what you had contracted with the supplier to provide.

    Sorry if I have missed this, but did you pay this supplier the full contract price?

    Finally, you say you have filed a claim. What exactly do you mean? Have you commenced a claim in the county court?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Morning Atticus,
      I paid the company in full that went into liquidation shortly after my installation on my Pv install.

      By claim I was refering to a section 75 claim with barclaycard.

      The issues I have is with regards to warranties the original install company contracted with me, as this company does not operate anymore i am worried that if something goes wrong with my system after it has been rectified and working correctly that i will have to fork out for the repairs.

      Thanks

      Comment


      • #4
        I realised that your claim is against the card company. I have tried to explain what s75 gives you. You need to understand my first post so that you can be clear what to ask for and why.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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