Barclaycard refused Section 75

[Reapstar]

Hi guys, 

I took out motor insurance last year and had to make a claim for someone damaging the vehicle.

The insurance company sent me to their recommended repairers who carried out the repairs.

Upon collection of the vehicle I noticed large clumps of overspray on the boot lid which they corrected at the time.

I said I would accept the vehicles condition pending further inspection.

Upon further inspection it became apparent to me that there was overspray all over the vehicle including the glass.

I reported it to them and they sent someone round with some alcohol rub to try and clear the glass which didnt work, so they said to bring the vehicle in to the workshop, I agreed to this if they agreed to cover my fuel expense which they said at the time yes to.

The vehicle went in and I waited whilst they done what was needed. I collected the vehicle without compensation for my fuel usage as no one was available to arrange it for me, I returned home, during my journey I noticed that the overspray was still present on the glass.

I raised a complaint with the insurer.

The insurer made me wait many months before progressing my complaint, during which time I was constantly emailing asking for updates, no updates came.

A final response arrived stating that they had investigated my case and they found no wrongdoing and that was the end of it.

I asked how they could have performed their investigation without investigating the vehicle upon which the claim was made.

They were not interested, so I raised my complaint to the ombudsman.

The ombudsman decided it was fair that I should give them a third opportunity to rectify their poor workmanship.

After already being lied to and had my time wasted on multiple occasions, I did not feel confident about returning my vehicle to their preferred agent and requested that the insurer actually contact me to arrange something agreeable.

The insurer ignored me, the insurer also ignored the ombudsmans request for them to contact me directly.

I just wanted the insurer to confirm with me that if I give the vehicle back for a third time, that I will be compensated for my time and fuel this time and not be lied to again, but the insurance company kept ignoring me.

After a year of getting no where with anyone, I raised a section 75 claim with Barclaycard who I had paid the original payment to.

After months of waiting for Barclaycard to do something, they decide to tell me that there is nothing they can do to help me in this case of breach of contract.

My vehicle is left with overspray all over it and no one is offering me remedy for failure to honour the contract that I had with the insurer.

What can I do to secure the protection I believe I am due under my banks policy regarding Section 75?

I am in distress and need relief in the form of compensation for what I can only deem as breach of contract, I paid these people to insure me, they have not fully satisfied the contract in my case.

Thank you kindly for any and all assistance.

 

 

 

[BankFodder]

I'm not sure that attacking the bank here was the correct thing to do.
I would have concentrating my efforts on the insurance company and also on the repairer.
You will certainly have to get an independent report. You may have to pay for this but on the basis of what you say, you will succeed and you will recover the expense of that plus the other expenses which you have been promised.

You say that the insurer has ignored the ombudsman. Do you have evidence of this? Have you complained to the ombudsman that you are being ignored?

If this pans out then it is rather extraordinary but we can help you attack the insurer as well as the repairer.

Who is the repairer?
Who is the insurer?

[Reapstar]

Hi Bankfodder, thank you for your reply.
 

I wasn't attacking the bank, I just figured I had no where else to go and that the bank, under section 75 were obliged to step in and help me. I should have come here earlier I guess!!

The repairer was Artis Accident Care

The people I paid were Geoffrey insurance, however, apparently the insurer was Markerstudy Insurance Services.

I don't mind getting an independent report, the only thing is I am in the process of selling the vehicle and the state that they have left it in is going to cause a loss as the buyer will expect it to either be rectified or a reduction in the price taking this work needing to be completed into account. 

Would it be best to get the report done asap prior to sale so I can get an indication of how much it will cost to rectify so when the buyer is advised we can negotiate the reduction in price accordingly? I can then hopefully recover this loss from the Insurer/repairer?

With regards to the insurer ignoring the ombudsman, I notified the ombudsman in order for us to progress and rectify their breach of contract I would need the insurance company to contact me directly so we can come to an agreement that I can have in writing that is fair to me and does not put me out of pocket again ( the manager at Artis agreed to cover my fuel expense verbally over the phone, which never transpired, it was not in writing hence my request for this specifically), the ombudsman said said he would ask the insurer to contact me but could not force them, the insurance company refused to contact me despite requesting their assistance multiple times, directly, through Geoffrey insurance and through the ombudsman. 

I gave up with the ombudsman because he was expecting me to give a company that lied to me and failed to complete their repairs three times in a row, a fourth chance. That is why I went straight to the bank under section 75 because I had spent over a year trying to seek remedy. 

 

[dx100uk]

a sharp craft knife blade on glass works wonders....

[Reapstar]

They tried twice to remove it and its still there, caked in the stuff

[dx100uk]

if its only on the glass go get some cellulose thinners stick your finger in a rag ...poke it in the thinners. rub the paint away, repeat as necessary 

[Reapstar]

Hey DX, whilst I appreciate the tips, I didn't pay these people a hefty sum to end up having to do the job myself  I think if it was that easy, they would have completed the task sufficiently and professionally the second time they attempted rectification when it when into their specialist workshop 

[Reapstar]

Hey guys, any advice would be warmly welcomed