AIBU to want Barclaycard to fulfill their legal obligation- warning long post very stressed!(5 Posts)
The background..... I bought some windows and doors from a chap who turns out to be a bit of a charlatan. It transpires googling the firm since (no reviews available at the time) I am not the only one who has an issue with him although very plausible when you met him. So ordered £30k worth of goods and paid some money via credit card and some via cash in what looked like reasonable payment schedules for a 6-8 week delivery time. Delivery time slipped owing to 'death in the family' and then a variety of other excuses. So, owing to the merchant then threatening me and then blocking my emails when I eventually demanded he fit the goods I was left with him holding £20k and no goods. I had no option to consider any legal redress. I worked out this could be a section 75 claim and so I submitted one in October 2013 with all correspondence. Merchant was clearly in breach of contract and who had failed to supply and fit all of the goods ordered. The 5 items they did send were very sub standard.
Barclaycard took all the details and despite my chasing, at the start of December they admitted that they mishandled the original complaint incorrectly via their Indian office for which I received around £250. They promised in December that they would do better. However, having given an immense amount of time to the merchant including extensions to deadlines and refunding me the money I had paid on the card (£5875 rest was bank transfer), they decided in January that this now wasn't a Section 75 claim. This was because the merchant's solicitor had sent a pdf of an email which was sent to me from the Merchant stating that I had agreed to further works (£3k) which they said amounted to the contract being more than £30,000 and therefore outside of the limit. I did not receive the email because it wasn't ever sent. I asked the Barclaycard rep if in the event I could prove that the email was fabricated would they re-open the case? The rep said yes. So I did and sent the evidence on Feb 14th which showed that the email was faked to Barclaycard and reported the matter to the Police.
'Not good enough' said Barclaycard as because I alone had sent them my email and the Merchant's email had been submitted by a Solicitor in their opinion the merchant's evidence bore more weight given that 'Solicitors don't lie'.They wouldn't budge. So, I too went to a Solicitor which I had so far avoided as I wanted to mitigate any loss (reasonable) and also I didn't feel I needed to if I followed the process. Which I did. The Solicitor also engaged an expert witness to prove that my version of the email was genuine and it how the other one could be faked. He sent everything to Barclaycard, who, without requiring the same evidence to prove the Merchant's email was genuine (and sent at exactly the same time and on the same day) refuse to budge. They have recredited the money refunded in January (which they stated was mine 'in any case') and I am left with interest accruing on the card, I am still without the windows/doors etc and £20k in cash out of pocket with crap goods. Stressed isn't the word!
Financial ombudsman will take 3 months to look at it, and 3-9 months to resolve after. I could be looking at another year. A court case will take £20k and another year. I can't open the existing windows, have no further funds for new ones, so really stuck.
Anybody think of a short cut to end this nightmare? Anything gratefully received if you have made it this far :-)
I have no answers I'm afraid but do wish you can have an end to this absolute nightmare. It just goes to show that credit card fraud (is it fraud?!) doesn't have the redress that we think it does.
Best of luck with it.
Try putting this problem on Moneysavingexpert,com website forum. They have good advice and could probably offer some help.
Being more money and law consumer advice Martin Lewis may have people who can advise.
It could be explained a little more clearly too so revise the explanation on here.
Thanks Roussette and Feline. Much appreciated!
This sounds like just the sort of thing Jessica Gorst-Wiliams tackles in her Telegraph money letters page. She gets good results. Google her.
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