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Section 75a of Consumer Credit Act 1974 query

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  • Section 75a of Consumer Credit Act 1974 query

    Hi,
    we recently had work start on an extension and knock through into a kitchen, diner, family room. Things didn’t get off to a great start, but progressed slowly, to the point where brickwork is largely up and partial timbers to roof. The builder had the roofers invade into our present roof fabric, so we are partially open to the elements.
    Having paid 7 of 10 scheduled payments, we were informed by the builders that they were insolvent.
    We have paid out a total of £32,627.86, and paid the first £9k on my credit card.
    Having read what I can on various websites I am under the impression that I cannot apply for a full refund from the cc company under section 75, but should be able to apply under 75a. The deposit was via credit card, the remainder straight from my bank account via BACS.
    I am also conscious that we have a JCT contract, and I’m unsure as to how to respond formally to the builder so they don’t have any comeback when we complete via a different builder. How do I extricate properly and formally without appearing to be the party that broke the contract?
    The money side of things is where I definitely need help.
    Any assistance / advice would be incredibly well received. Thanks in advance.
    Tags: None

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