Can I get a re­fund for filthy flat?

The Daily Telegraph - Your Money - - FRONT PAGE -

Six months ago I sent a claim to Na­tion­wide credit card ser­vices un­der Sec­tion 75 of the Con­sumer Credit Act.

I booked a month’s stay in an apart­ment and paid the de­posit by credit card for the pro­tec­tion it of­fers.

The bal­ance was re­quired in cash on ar­rival by the lo­cal agent. Know­ing the lo­ca­tion well, the apart­ment was specif­i­cally cho­sen for the ex­otic gar­dens, pool and prox­im­ity to the prom­e­nade.

How­ever the apart­ment was filthy and in a poor con­di­tion and was ob­vi­ously await­ing re­fur­bish­ment. Im­me­di­ate com­plaints to the agent were ig­nored and it with­held keys that were needed for gar­den ac­cess.

This meant we were not able to reach the se­cure gar­den for 15 days of our 28-day stay while the care­taker was ab­sent.

The com­plaints were ad­mit­ted by the agent in writ­ing. The excuse for ex­clu­sion from the gar­den was on “health and safety” grounds, de­spite many other res­i­dents hav­ing full use of the pool.

Keys would have also pro­vided an al­ter­na­tive emer­gency exit from our ac­com­mo­da­tion. There was also no fire safety equip­ment in the apart­ment.

Na­tion­wide ini­tially re­funded the 30pc de­posit money three months ago. Now it says it will re­trieve that sum from my ac­count. CLIVE SEE­LEY, SUF­FOLK

The flat was await­ing re­fur­bish­ment and was, you re­port, un­san­i­tary.

Among the range of other is­sues was that, con­trary to the in­for­ma­tion given, you could not go through a gate to walk on the prom­e­nade.

There was no plug for the bath. The beds were so un­com­fort­able you could not sleep in them and had to camp. The cur­tains were hang­ing off their rails and had black mould and the oven did not work. You had to wait in for work­men on four oc­ca­sions and they did not al­ways come.

Na­tion­wide, your credit card provider, didn’t ini­ti­ate a sec­tion 75 claim, as that re­quires there to have been a di­rect line between the con­sumer and provider of the goods and ser­vices.

You had ac­tu­ally booked and paid via an on­line book­ing agent so your re­la­tion­ship was with it. It might have been dif­fer­ent if you had booked di­rectly.

Na­tion­wide in­stead tried a charge­back for the full de­posit amount of £254 but, be­cause you had used the ac­com­mo­da­tion for the full 28 days, it was re­jected.

Then, af­ter re­ceiv­ing some pho­to­graphs and with me be­com­ing in­volved, Na­tion­wide tried to get re­dress specif­i­cally over the is­sue of the de­nial of ac­cess to the gar­den and pool.

It did not re­ceive a re­ply and Na­tion­wide de­cided to of­fer £212, which was 25pc of the over­all cost of the ac­com­mo­da­tion.

It also made an ad­di­tional pay­ment of £150 due to the sit­u­a­tion with the pool. How­ever, it says it does not agree with all the el­e­ments of the claim.

You are happy with the res­o­lu­tion.

Newspapers in English

Newspapers from UK

© PressReader. All rights reserved.