Section 75 Protection credit card Enquiry

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  • Sukkie
    Sukkie Posts: 3 Newbie
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    My first time on here and not sure how to post..
    I have a section 75 query,
    A car was purchased and paid by card in full. Car was faulty and broke down several times and returned several times. Final time returned and claimed under section 75 . Card people found in favour after all evidence produced and are going to reverse the payment. Can the trader the sue us in court for the reversed funds. Card people say we have to take car back if repaired which hasn't happened and trader has had car for two months. One been on our name for 4 months.
  • [Deleted User]
    [Deleted User] Posts: 35,242 Forumite
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    If they reversed the funds, it was a chargeback, so yes, the retailer can dispute it.

    If you were refunded under Section 75, they can't, as the card provider paid you.

    Which one was it?
  • Sukkie
    Sukkie Posts: 3 Newbie
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    The card company have decided to do a chargeback and if it goes through then the card company will pay the costs that were not on the card such as car handed in as a trade in and relevant diagnostic costs themselves. This is a first time we are claiming under section 75 so unsure.
  • Sukkie
    Sukkie Posts: 3 Newbie
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    We still have the log book and would need to know what to do with this as well.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    jack_pott wrote: »
    I once rang HSBC with an enquiry about Section 75, not because I wanted to make a claim, but just to enquire whether it applies when only a part payment is made (I didn't know at that time).

    Before I had even got to the question, the bloke in the call centre butted in and said "Your card doesn't offer that facility sir".

    Every time I re-started speaking he just butted in again and again:

    Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir Your card doesn't offer that facility sir

    99.99% of bank staff won’t have an understanding of S75 so I’m not surprised of your experience.

    Those that do can explain the basics but until you try and make a claim you wouldn’t know if you are / were covered or not due to its complexities involved.
  • eco_warrior
    eco_warrior Posts: 563 Forumite
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    Sukkie wrote: »
    My first time on here and not sure how to post..
    I have a section 75 query,
    A car was purchased and paid by card in full. Car was faulty and broke down several times and returned several times. Final time returned and claimed under section 75 . Card people found in favour after all evidence produced and are going to reverse the payment. Can the trader the sue us in court for the reversed funds. Card people say we have to take car back if repaired which hasn't happened and trader has had car for two months. One been on our name for 4 months.
    Sukkie wrote: »
    The card company have decided to do a chargeback and if it goes through then the card company will pay the costs that were not on the card such as car handed in as a trade in and relevant diagnostic costs themselves. This is a first time we are claiming under section 75 so unsure.

    The chargeback is the obvious option for the bank so hopefully this works out for you and your refund remains in place. In which case the car then belongs to the merchant so should be returned.

    They shouldn’t be able to countersue you and the bank should be able to confirm when the dispute is successful.
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    Can you choose between a Chargeback and Section 75?

    Or is one automatically chosen by the card company?

    Chargebacks will cause more headaches I guess as the merchant will want their stuff back or will chase harass the consumer for the money with threats.

    In case of windows/doors I do not want them ripping them out leaving the property exposed and insecure after a chargeback.

    Can I opt for Section 75 instead? Or what are my rights and liabilities as a consumer and what are the merchant's rights and liabilities after a chargeback?
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    Update:

    Window company want me to breach the contract payment terms by me paying more money upfront before completion then upon completion pay remaining balance.

    Then they said after completion for me to get independant window surveyor to get results. If results come back as bad then window company said they will do remedial works.

    If I follow their resolution above and if they don't keep to their promise of their remedial works if independent results come back as bad then am I still qualify for section 75 protection for the full £10000 amount?

    If i agree to their above resolution do I have to get a fresh contract to reflect this or do I have to stick to the original contract for section 75 protection?
  • bery_451
    bery_451 Posts: 1,818 Forumite
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    Anyone can please advise after reviewing the circumstances.
  • RADDERS
    RADDERS Posts: 241 Forumite
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    I would not be paying a further penny to the window company, what if they go bust just after they receive the funds?
    I would be also checking with a solicitor as the best way forward.
    You know the goods are not up to standard and I assume that the windows company do and are looking to get the most out of you that they can.
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