HSBC S75 Claim - potentially unreasonable request for a report

[Sunrise24]

Hello, Just joined this forum as a result of a s75 claim and looking for some advice. I had a situation where a merchant failed to turn up to install some cupboards. The contract was for the supply of goods and services. I paid the deposit by credit card. The bank charged back my deposit as the goods and services were not provided. I also found another installer to carry out the work but they cost more. So given the clear breach of contract I submitted a claim for the difference between my original contract and the new installer.

HSBC has taken months to deal with the claim with one excuse after another. Now it has requested a report from an independent assessor to support what I allege i.e. the breach of contract. No reasonable person would expect a bank to request a report for something that did not happen. No expert exists to say "the installer did not turn up and did not carry out the contract." It is ridiculously to say the least in my view.

I could take the case to the FOS who will take over a year. Alternatively, I could simply issue a small claims track claim. Do you agree HSBC's position is unacceptable? Would you recommend going straight to a County Court? A court will not require an expert report for something that did not happen. A witness statement stating that the merchant failed to attend should be sufficient.

I note from another post that something similar happened there too with HSBC demanding a report see here: Section 75 Chargeback on Credit Card - LegalBeagles Forum

[Pezza54]

You have received your deposit back as the company failed to supply the goods or provide the contracted services.

Now you are trying to claim damages which isn't going to be so easy.

The bank wants an independent assessor to make sure the work carried out was done similar if not identical to work included in the first contract. I suspect they will find a reason why you are not entitled to damages.

There is no reason why you can't start a court claim at the same time a complaint with the FOS is ongoing.

You need to show that the actual work undertaken is the same as the work in the original contract and the time taken to obtain another contractor wasn't unreasonable

If you decide to start a court claim, it should be under CCA Section 75, jointly with the 1st defendant the bank and the 2nd defendant the trader

[des8]

Disagree with Pezza54
Under the rules which govern complaints made to the FOS, a complainant cannot pursue a complaint to the FOS and at the same time pursue a claim through the Court unless the Court proceedings have been stayed on an application to the Court by consent or otherwise.

[islandgirl]

I think getting the deposit back is fair. I would not claim for the difference and expect to be successful personally

[Pezza54]

Yes the FOS state they will not get involved where a court claim has been decided or is ongoing.
Is it the same the other way round. What happens if you start a court claim when the complaint at the FOS is ongoing? Will the court find out and make a court order to proceed with either the court or FOS?

[des8]

The court will find out because the financial institution will shout "foul"

[echat11]

The Courts expect individuals to turn to them as a last resort. After they've gone through all other avenues.

It's not always possible.