Section 75 against a cowboy builder

[monkey99]

Hi there,

I'm new to the forum, so if I'm posting in the wrong place, please excuse me and just let me know.

I have had some building work done on my property last year that I am now being advised needs to be re-done, and will cost me a lot of money to put right. I am looking at the possibility of starting a section 75 claim against my credit card company that I used when doing a partial payment for the goods/service.

The project involved both erecting a porch, and in addition the replacement of a conservatory roof (from glass roof to a lightweight tiled roof), costing over £10k in total (most paid by bank transfer).

Six months following the work completion, it is now clear that there are significant problems with the replaced conservatory roof. In particular;
1) all frames that the roof sits on are bowing significantly outwards
2) significant cracks in the ceiling plaster work that once patched up come back within weeks.

I have had two local independent roofers in to assess the situation, and both have been quite horrified with the materials chosen, and the quality of the workmanship. The cost to remedy the situation is likely to be in excess of £3500.

Unless I'm mistaken, my understanding of section 75 is that as I used my credit card company to make a part payment for the work, that they are jointly responsible for sorting out the situation.

I do not want the original builders back involved to try and remedy the situation, as there is no way they can be trusted after all of the structural faults have now been identified.

My main questions are;

1) does my section 75 claim sound reasonable?

2) will the credit card company will want to see evidence such as a structural engineers report? (costing approx £600 by my initial enquiries). I have no doubts that a structural report will side in my favor, but obviously I'm trying to avoid costs where at all possible.

3) will I be forced to allow the original builders back to look at the problems? (I'd really rather avoid this as I cannot trust them at all!)

Thanks in advance for any advice! I have a young family and cannot ignore this situation as I have been strongly advised not to use the conservatory at all for fear of it falling down.

[Kati]

Re: Section 75 against a cowboy builder

[MENTION=39710]des8[/MENTION] [MENTION=71570]R0b[/MENTION] ... any comments??

[R0b]

Re: Section 75 against a cowboy builder

In answer to your questions:

1. Yes

2. They will probably want to see some evidence yes, photographs of the current build would help but possible a report of sorts to (which should be as part of your expense) though if you can get the two independent builders to draft a 1 page letter at no cost and to confirm that the materials, workmanship and overall structure is poor along with the estimated cost to repair, then that might actually be enough.

3. I would say no, you could argue that because the builder has made some serious mistakes and/or flaws, you have lost any confidence in him repairing it and would like an independent builder to carry out the work given the money spent to date.

Instead of asking for money, you could ask your credit card provider to appoint an independent builder to carry out the work and for the builder to invoice them direct, or give them a list of local builders who you'd prefer to do the build. That would prevent them paying out and you realising its going to cost more money than estimated.

[monkey99]

Re: Section 75 against a cowboy builder

[MENTION=23709]rob[/MENTION], thanks a lot for your advice! Thank goodness I made that part payment on my CC!

I will get on to the independent roofers to get the reports done before I start the claim process.

Thanks again!

[R0b]

Re: Section 75 against a cowboy builder

Always pays to make a small payment on credit card for large purchases, particularly when your having construction work carried out!

Let us know how you get on either way

[monkey99]

Re: Section 75 against a cowboy builder

first proper report now in from a reputable local firm that specializes in this type of roof replacement. They've suggested it needs urgent attention with a security fence around it due to probable collapse.

Full removal of the incorrect roof is required, realign frames and start again with correct materials.

Cost: circa 13k, which is more than I paid for both the porch erection and the replacement roof. Not sure what my CC firm will make of that...

[R0b]

Re: Section 75 against a cowboy builder

Sadly, your CC company will have to bear it and seek the monies from the original builder, it does prove to get a proper report as £13k is alot more than what you were originally quoted!

[monkey99]

Re: Section 75 against a cowboy builder

Thanks Rob, absolutely. The report mentions how urgent the situation is, indicating that if not rectified soon, the window and door frames may also not be salvageable. Just waiting on the second report and quote now, but could take a few days. I'm itching to get the ball rolling.

[R0b]

Re: Section 75 against a cowboy builder

Have you received any paperwork from your CC Company? They usually ask you to fill in a form so if you want it asap maybe make some inquiries.

[monkey99]

Re: Section 75 against a cowboy builder

I haven't initiated it yet. I've just been getting the reports done ready. In that case, I'll get on to them tomorrow. Thanks again.

[pt2537]

Re: Section 75 against a cowboy builder

Malouf v MBNA may well be helpful on the application of s75(1) Consumer Credit Act.

It was a test case for landbanking claims but the principles are the same, if you have a breach of contract or misrep claim against the supplier then you may have a like claim against the creditor

Any losses which arise out of the breach are recoverable as long as they arent too remote

[monkey99]

Re: Section 75 against a cowboy builder

The CC company is Nationwide. Their online page about section 75 provides a form to fill in, but it reads like a chargeback claim form to me.

In addition, one of the questions is "Can you confirm that you have already tried to rectify the situation with the supplier in question?" ... and I assume if I put 'No', they're just going to reject outright. I refuse to let these cowboys anywhere near my property in this case, unless law states that I must, due to the severity of the problems they have caused leaving me with no confidence at all in their abilities.

Should l just write to them instead and see what response I get?

[pt2537]

Re: Section 75 against a cowboy builder

The CC company is Nationwide. Their online page about section 75 provides a form to fill in, but it reads like a chargeback claim form to me.

In addition, one of the questions is "Can you confirm that you have already tried to rectify the situation with the supplier in question?" ... and I assume if I put 'No', they're just going to reject outright. I refuse to let these cowboys anywhere near my property in this case, unless law states that I must, due to the severity of the problems they have caused leaving me with no confidence at all in their abilities.

Should l just write to them instead and see what response I get?

'
Under s75 there is no duty to complain to the supplier first, the liability is joint, you can sue who you like , its your choice not the banks

[monkey99]

Re: Section 75 against a cowboy builder

Thanks all will keep you posted.

[monkey99]

Re: Section 75 against a cowboy builder

No update yet, still waiting on the second report & quote.

But I have a question. If the CC pay up, given the amount we're talking about I can't imagine they will want to take the hit themselves. So I assume they would sue the builders. If so, can the builders then try to sue me?

I appreciate that for the purposes of Section 75, I can get away without letting the builders onto my premises, but if they then counter sue me, would me not allowing them in jeopardize my defence at all?

Thanks again.