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Interest Charges during Section 75 claim


uklad2018
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They prepared the plans, thank you. However – didn't you approve them?

 

Also, they prepared the plans – but presumably they prepared them to your specification. They must been acting on your instructions. Is there any suggestion that their plans complied with your instructions or is it clear that they did not?

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What date were all the items delivered by

On what date did you first indicate to the retailer an issue proveable in writing

please don't hit Quote...just type we know what we said earlier..

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There must be easier ways to get a free kitchen................................

 

H

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Hi Bankfodder,

 

I hope you're well?

 

My specification was limited to simply what colour and kitchen I required. The layout and measurements were collected and compiled by the designers/planners. It was all agreed via e-mail. It was only when issues came up and looked closer that Inoted from the screen grabs that the planer software was reporting dimensional issues.

 

Thank you.

 

Hammy1962 - This isn't about getting a free kitchen. My thread title clearly indicates my concerns around interest charges during a Section75 claim. If its any consolation; I did smile at your comment.

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The bottom line is you must never stop payment to a merchant...dispute or no dispute.

 

You exhaust all formal complaints with the retailer first...retaining a paper trail as evidence....You don't have to reach a stalemate with the retailer or trader before you can contact your credit card provider - you can make a claim to both the retailer and credit card provider simultaneously, although you can't recover your losses from both.

 

There’s no set time frame for your card provider to resolve your Section 75 claim, but if you’re unhappy with the outcome of the claim, or how long it’s taking, you can complain to your provider, they then have eight weeks to deal with your complaint.

 

If your credit card company doesn't accept that you have a claim and refuses to pay up, you can ask for a letter of deadlock so that you can refer your dispute to the Financial Ombudsman Service (FOS).

 

If more than eight weeks have passed since you submitted your claim to your credit card provider, you can refer your claim to the FOS straight away without the need for a deadlock letter.

 

You can also approach the FOS before the eight weeks are up if your provider has given consent for you to do so.

 

If interest is still being applied to the amount in question....ignore for now..... if the section 75 is successful the interest applied will be adjusted back to the balance.

 

But never ...never stop your monthly payment and try to put the merchant to ransom.....they will simply default your card and possibly terminate the agreement

 

Andy

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More clarification please.

 

The designers/planners prepared the specification correctly and it was Howden's who failed to supply according to the specification. Correct?

or

Howden's did supply according to the specification but the specification provided by the designer/planners was incorrect.

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In that case I think you need to sue Howden's for a breach of contract.

 

I think it would be a good idea to start a new thread because even though it is only gone to 2 pages, it's all been hugely time wasting trying to get to the nugget of it. A new thread simply about suing Howden's for breach of contract and laying out very briefly the story in respect of Howden's would be a good way to begin. It will make it easier for people who want to help you to understand the issues. This thread has turned into a patchwork.

 

Of course the fact that it has gone on so long is not going to help. Also you need to figure out the outcomes you want. You have been using the kitchen for two years and although your cause of action arose two years ago people will ask why on earth you didn't tackle it then when the issue should have been straightforward and the outcome you would have preferred would have been simply to have the kitchen replaced with the proper specification.

 

Now you will have to agree that you have had some use out of the kitchen and that you've been rather tardy in bringing the action. It may be that you will have to settle for compensation rather than an entire refund.

 

Although the kitchen is not exactly what you specified, is it working and generally satisfactory – had it been a different specification. In other words, does Howden's breach simply affect the cosmetics or is it also a matter of functionality?

 

I'm going to close the thread and if you want to continue then I suggest that you start a new thread and maybe you could be a little bit more careful and forthcoming about the information you give. I have a sense that you seem to be making your own decisions as to what is relevant. This is not the way to do it.

 

Simply tell the story and then we can work out what is relevant.

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