Section 75 refunds - article discussion

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  • Charllw wrote: »
    Hi all,

    New to the forums but would like to post a question and perhaps my information may help others too.

    I bought my first car late last year from a private company and on the test drive noticed that the hand brake would not hold the car. The repair of this was agreed prior to receiving the car and was put on the receipt. To cut a long story short, the hand brake was not fixed and within one month it snapped (along with several other problems including ABS and TCS issues). Back and forth with the company who eventually changed names and denied responsibility. Luckily, I had paid half the amount of the car on my credit card. So, got in touch with them and am currently in the middle of claiming my money back, and so far it seems to be going smoothly. I have had to SORN my car, am still paying insurance, and I've not driven it in 4months (travelling to work is becoming a major problem!). It's a long process.

    However, my question is this: I am now worried about the reliability of the car as I had driven it for perhaps 4 weeks and several issues came up. I would like a refund for the whole amount and not just the repair. Even if the credit company had to take the car, I don't mind. Can I demand this or do I have no choice in the matter?

    Anyone have any thoughts, advice or experience they could share please? Thanks very much.

    Don't worry you've done everything right. Remember section 75 entitles you to the full refund irrespective of the amount actually put on the credit card. If your card company refuse to refund the entire amount you must take it to the ombudsman. The wording of the law is very clear, they are trying to pull a fast one!

    If they ask to take the car? I'm not too sure, but I would assume it
    depends on individual circumstances. Play it how it goes, see what happens.

    Remember you are also entailed to claim any consequential costs such as obtaining a report to prove the car isn't fit for purpose etc. Make sure you do claim these back.

    Good Luck! :)
  • vaderag
    vaderag Posts: 293 Forumite
    First Anniversary Combo Breaker First Post
    Hi,

    I'm just about to buy a used car with savings from a dealer. Unfortunately the dealer doesnt take credit cards, but I'd like to find some way to get the section 75 protection...
    Can anyone think of a way to do this? Or am I left with relying on Visa/Mastercard chargeback?

    Any protection I can get as a just in case is a bonus!!

    Thanks
  • digital
    digital Posts: 212 Forumite
    Name Dropper First Anniversary Combo Breaker First Post
    I was recently asked to leave a deposit on a car I was buying. I told them I didn't have any cash on me, and asked if I could use my credit card. They accepted it and told me they could accept up to £1000 on it. I left them £1000 as I get 1% cashback. You wouldn't need to leave that much to get the cover you want: just offer a minimal amount.
    digital
  • derrick
    derrick Posts: 7,424 Forumite
    Name Dropper First Post First Anniversary
    vaderag wrote: »
    Hi,

    I'm just about to buy a used car with savings from a dealer. Unfortunately the dealer doesnt take credit cards, but I'd like to find some way to get the section 75 protection...
    Can anyone think of a way to do this? Or am I left with relying on Visa/Mastercard chargeback?

    Any protection I can get as a just in case is a bonus!!

    Thanks


    Chargeback only has a 120 day time limit for claims

    Does the dealer do finance? If so they may take a "small" amount on finance, this would then cover all of the purchase price under S75.

    .
    Don`t steal - the Government doesn`t like the competition


  • vaderag
    vaderag Posts: 293 Forumite
    First Anniversary Combo Breaker First Post
    derrick wrote: »
    Chargeback only has a 120 day time limit for claims

    Does the dealer do finance? If so they may take a "small" amount on finance, this would then cover all of the purchase price under S75.

    .

    I thought i read somewhere that if the finance was from the dealer it didnt count? Maybe do a bit of finance from elsewhere - would that count?

    Or try and wangle a deposit on card...
  • derrick
    derrick Posts: 7,424 Forumite
    Name Dropper First Post First Anniversary
    edited 24 April 2012 at 11:53AM
    vaderag wrote: »
    I thought i read somewhere that if the finance was from the dealer it didnt count? Maybe do a bit of finance from elsewhere - would that count?

    Or try and wangle a deposit on card...

    Finance is finance wherever it comes from and will come under S75.

    You said the, "Unfortunately the dealer doesnt take credit cards", so I can't see how that would work!

    Finance from elsewhere would work, but remember there will be interest charges.

    Just found something on Martins advice re S75 and you may be right about "car finance", see HERE, under "Does it apply to other credit?":- "While the bulk of claims are made to credit card providers, the law also applies to other types of credit agreement (except where the supplier is also the creditor, eg for some car finance)."

    .
    .
    Don`t steal - the Government doesn`t like the competition


  • Hi,

    I bought a website course through Living Social, only to discover that the merchant was selling for same price i.e no discount - which is of course the point of buying vouchers.

    I queried with LS, who say it is not their responsibilty if merchant lowers the price after the offer. However they took 2 months to respond - though I chased them several times. The voucher is consequently expired but they will not refund or even give credit!!

    Does anyone know if I can claim from CC, and if so should it be as chargeback or under section 75. (Purchase value was £145)

    many thanks!
  • paulfoel
    paulfoel Posts: 5,819 Forumite
    First Post First Anniversary Combo Breaker
    Sent Section 75 claim to Santander two weeks ago.

    It was with regards to an android tab from ebuyer. Ebuyer were having none of it and said I must have damaged it.

    Not heard from Santander yet. What can I do next?
    Cymru am Byth !!! :j:j:j
  • [Deleted User]
    [Deleted User] Posts: 0 Newbie
    First Post First Anniversary Combo Breaker
    edited 30 April 2012 at 12:14AM
    paulfoel wrote: »
    Sent Section 75 claim to Santander two weeks ago.

    It was with regards to an android tab from ebuyer. Ebuyer were having none of it and said I must have damaged it.

    Not heard from Santander yet. What can I do next?

    Do you have proof of delivery for the first letter? Remember if you don't they can just say they never received, they won't process the claim as it saves them money!

    If you've got POD, then did you specify a timeframe in which you would like a response? Probs 14 days judging by your post.

    If you have POD and have specified a timeframe, which has expired, send another letter enclosing the first, as a reminder for the claim and state you'd like an update within 14 days.

    If they just never respond and it hits 8 weeks then shoot the complaint off the the ombudsman, just make sure you keep proof of delivery to show. :)

    Edit:

    Also when did you buy the tablet? have you send off the S75 claim within 6 months of receipt of tablet?
  • paulfoel
    paulfoel Posts: 5,819 Forumite
    First Post First Anniversary Combo Breaker
    Do you have proof of delivery for the first letter? Remember if you don't they can just say they never received, they won't process the claim as it saves them money!

    If you've got POD, then did you specify a timeframe in which you would like a response? Probs 14 days judging by your post.

    If you have POD and have specified a timeframe, which has expired, send another letter enclosing the first, as a reminder for the claim and state you'd like an update within 14 days.

    If they just never respond and it hits 8 weeks then shoot the complaint off the the ombudsman, just make sure you keep proof of delivery to show. :)

    Edit:

    Also when did you buy the tablet? have you send off the S75 claim within 6 months of receipt of tablet?

    LOL. Guess I'd better send the next one recorded....
    Cymru am Byth !!! :j:j:j
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