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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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Good evening, I am hoping you may be able to help/advise me

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Good evening, I am hoping you may be able to help/advise me please?
3 years ago I was encouraged to take out a loan (£3,080) with Shawbrook Bank (for a new bathroom, being fitted by Betta Living) despite being able to pay cash... that was my first mistake!
Bank paid Betta Living in full before most of the work had been completed. Shawbrook's contract states quite clearly they "..will settle directly with the supplier of the goods and services, once they have supplied them to you."
I have repaid the full sum borrowed, but am refusing to pay any interest, because the Bank paid Betta Living without checking with me first as to:-
(a) the progress of the works?
(b) was I satisfied with the work?
I have been onto the Financial Ombudsman Service and they, for some reason, ruled in favour of the Bank, which I did not accept, so it is not lawfully binding.
I informed Shawbrook I have closed my file on the matter, but am continuing to receive letters with increasing fees... now saying I owe them nearly £800!
I would welcome on my legal position, please. Thank you very much indeed, I look forward to hearing from you.
Yours faithfully,
Thank you for your question. My name is ***** ***** I will try to help with this.
I can't give you good news really.
The reason they ruled in favour of the bank is that you are liable.
Come what may, you borrowed the money and agreed to a rate of interest. You are liable to pay.
They have no duty at all to check with you. Whether you were satisfied is non issue. Even if the work fell below the quality required under the SGA wouldn't mean you aren't liable to pay. It would give you a claim against the installer. The bank is still entitled to it's money with interest.
The reason the fees are increasing is that they are adding debt collection costs which they might not get but they would get solicitor's costs as I'm afraid this is just plain an unreasonable defence.
I'm very sorry but i have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.
Jo, thank you very much for your response. Like you say, it's not good news.
Regardless of quality of works, the money was paid by the Bank to the contractor, in full, BEFORE the supply of goods AND SERVICES (i.e. installation) by the contractor, so the Bank has breached it's own contract, surely??
Many thanks,
No, I cannot agree with that. Their contract is not dependent on the works. Yours is. That is not their problem.
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