Breach of contract s75?

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  • eddddy
    eddddy Posts: 16,354 Forumite
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    mc303m wrote: »
    Update :) having contacted the credit card company under S75, they are now taking on the dispute, however, their employee told me they would try to recover the £2000 deposit, which is only 20% of the price i paid for the vehicle, the dealer i bought the car from has refused me any refund outright, do i have to pursue the remaining amount under the 2015 Consumer Rights Act? i was under the understanding, having read S75 that i could claim for the full amount as the seller is in breach of contract. please advise.
    Thank you

    Yes - the credit card co is jointly liable for the full amount, not just the £2k deposit.

    Obviously, the cc company will contact the dealer to get their side of the story.

    Maybe wait to see if the cc company agree there has been a breach of contract before arguing further about the amount. (Although don't sign/agree to anything that says you accept that your claim is limited to £2k.)
  • mc303m
    mc303m Posts: 63 Forumite
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    Thank you eddy :)
  • mc303m
    mc303m Posts: 63 Forumite
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    if the CC company decide to pay out the full refundable amount, do they then chase the dealership for recovery of the funds?
    Thank you
  • mc303m
    mc303m Posts: 63 Forumite
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    anyone please :)
    thank you
  • mc303m
    mc303m Posts: 63 Forumite
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    Update, the credit card company has applied a £2000 credit to my account, this is not the outcome i was looking for, also i paid off the £2000 credit instantly, so all i am left with now is a higher credit availabilty on my CC and a car that is faulty, can anyone advise me please?
    thank you so much
  • eddddy
    eddddy Posts: 16,354 Forumite
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    mc303m wrote: »
    Update, the credit card company has applied a £2000 credit to my account, this is not the outcome i was looking for, also i paid off the £2000 credit instantly, so all i am left with now is a higher credit availabilty on my CC and a car that is faulty, can anyone advise me please?
    thank you so much

    So have they agreed with you that there was a breach of contract? Or have they refunded pending further investigation? (Or have they just done a chargeback?)

    Anyway... the steps to follow are:

    1, Formal complaint to the CC company
    2. If that doesn't get the result you want, a complaint to the Financial Ombudsman
    3. If that doesn't get the result you want, a claim in the small claims court

    See: http://www.moneysavingexpert.com/reclaim/fight-back-fos

    (If you want the £2000 in your bank account, I expect you can phone the CC company and ask for a cheque.)
  • mc303m
    mc303m Posts: 63 Forumite
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    edited 18 October 2016 at 8:22PM
    eddddy wrote: »
    So have they agreed with you that there was a breach of contract? Or have they refunded pending further investigation? (Or have they just done a chargeback?)

    Anyway... the steps to follow are:

    1, Formal complaint to the CC company
    2. If that doesn't get the result you want, a complaint to the Financial Ombudsman
    3. If that doesn't get the result you want, a claim in the small claims court

    See: http://www.moneysavingexpert.com/reclaim/fight-back-fos

    (If you want the £2000 in your bank account, I expect you can phone the CC company and ask for a cheque.)
    My account has been credited.. the letter says nothing about further investigation.

    Thank you as always Eddy, i truly appreciate your help, could you finally advise me how i should address the complaint to the cc company please? and also when you speak of courts, do you mean take the dealership or the cc company?
    thank you so much
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