Section 75 claim for damaged goods

[Guest]

Re: Section 75 claim for damaged goods

LBA went in the post 5 minutes ago ( via RD )

I'm in your hands now


But just to bring you up to date. I contacted the bank who claimed there internal procedure is to apply a chargeback scenario first and then pass it to their sec 75 team ( where they claim this has now gone ). I replied that a LBA is in the post, so there Sec 75 team better step up a gear.

I feel empowered

Another organisation large enough to know better who seem to believe that their internal procedures trump an Act of Parliament.

[Donkeyoaty]

Re: Section 75 claim for damaged goods

I'm starting to put together the claim details for the court ( I know the LBA was recently posted, but I want to be ahead of the game ), but I've no idea how to proceed.

I initially started to build the case up against the retailer, my evidence would have all been based on the retailers lack of response, how do I convert that to HSBC ? . Do I include copies of the letters I sent to the retailer alongside those to HSBC. i.e implicate them both at the same time .

Can I add any interest on for the money I wish refunded ?

I will also be claming for consequential loss of the carpet which as pock marks from where the sofa has been sitting for the past two months ( we had to place the sofa on an area of carpet that is normally unused ). Would I need an independent report on the carpet or will photos and an explanation suffice ( ie probability of truth etc ).


Any help, advice or ideas would be gratefully received

[Guest]

Re: Section 75 claim for damaged goods

At post #31 of the link I posted above, there is an example Particulars of Claim. You have the right to claim for as much as you like but remember that you must mitigate your loss and you may only claim for tangible, measurable loss.

Yes, you may add interest, at 8% per annum.

The consequential loss part of your claim is curious. Are you not intending to replace the sofa?

[Donkeyoaty]

Re: Section 75 claim for damaged goods

At post #31 of the link I posted above, there is an example Particulars of Claim.

I will apply that to mine best as possible. If I get stuck can I pm a copy for someone to check over ?

The consequential loss part of your claim is curious. Are you not intending to replace the sofa?

We're using another sofa at present as we're not allowed to use the one we rejected otherwise the judge could reduce our claim for fair use ( thats what I was told back at the start by Consumer Direct ).

Our living room can just about take two sofas, but the one in dispute is sitting on an area of carpet that prior to this issue had nothing else there. Once ( if ) the sofa is returned, there will be unsightly marks were it was placed.

Having a disabled wife dont help when the room is barely big enough for one sofa, let alone two

[Donkeyoaty]

Re: Section 75 claim for damaged goods

Could I PM a rough draft of my claim to be checked over ?

[Guest]

Re: Section 75 claim for damaged goods

Yes, or you can post it here.

[Donkeyoaty]

Re: Section 75 claim for damaged goods

Sorry for lack of updates. I've been unwell this past week, so was forced to leave this alone for a while.