Yes it's The Car

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  • mc303
    mc303 Posts: 166
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    Thank you so much :)
  • mc303
    mc303 Posts: 166
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    please can you give your view if i have a case?
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    please can you give your view if i have a case?

    My view is you have a strong case, but not nothing is guaranteed.

    Obviously it worth getting the views of others, especially to modify any argument. But in any event, I would escalate the case unless virtually everyone said it was hopeless (since you have little to lose by escalating it).
  • mc303
    mc303 Posts: 166
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    Thank you, i will see if anyone else gives a comment :)
  • I'm in agreement with naedanger.
    From what you have stated so far, the only reason I can see for the credit card company refusing your S75 claim is because they appear not to know that the Sale of goods act has been superseded by the Consumer rights act.
    The SOGA didn't have a limit on the number of repairs a retailer could carry out where as already mentioned, the CRA allows a consumer to reject goods after one failed repair attempt.
  • mc303
    mc303 Posts: 166
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    Thank you Shaun
  • mc303
    mc303 Posts: 166
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    Hi, the dealer has offered a repair lasting four days, oddly this falls into the time frame that the FO will auto close my case, should i accept?
    Thank you
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    Hi, the dealer has offered a repair lasting four days, oddly this falls into the time frame that the FO will auto close my case, should i accept?
    Thank you

    It is up to you. If I thought it would work then I would.

    If you do plan to accept the offer then you could write to the FO saying you are accepting one last repair attempt but will expect your case to either be kept open until it is successfully completed or reopened if it fails.

    I would also add a paragraph explaining that you still believe the FO has failed to recognise the new "final right to reject" consumer right (that did not exist under the SOGA but does under the CRA2015) where a consumer is entitled to a reject for refund (rather than another repair) if a repair attempt fails once (and perhaps link to the following article and quote the relevant lines):
    http://www.ukecc.net/consumer-topics/consumer-rights-act-2015-goods.cfm

    That way you are warming up for a final complaint to FO if the repair attempt fails.
  • mc303
    mc303 Posts: 166
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    ok, i did agree for the car to be fixed, i also unknowingly agreed to close the case by accepting the repair, as i said i thought i had till the 29th to close the case and this fell into the time frame of actually closing the case, so today i mailed the FO requesting not to close the case untill the car was returned and the fault repaired, she said,
    So your complaint was closed.
    However, if there is a particular reason why the complaint might need to be re-opened over the next week or so, I will consider this. But for the time being, I’m leaving the case closed as nothing has happened to warrant re-opening the case.
    i then mailed her what you wrote regarding MBNA and CRA
    the case worker's reply is below:

    If you’d like to call me to discuss your complaint further, please find my contact details listed below.

    We spoke at length last week about your complaint and you confirmed that you agreed for me to close your complaint if I spoke to the dealership and got confirmation they would be willing to repair your vehicle; which I did. I then called you after talking to the dealership and you agreed for your complaint to be closed.

    You confirmed that you agreed for your car to be repaired by the dealership, and from your last email I understand that you’ve made arrangements for the car to be repaired. So for the time being, as the car has not yet gone in for the repair, which was arranged last week, we don’t know whether or not the vehicle will be fixed, so I don’t think it’s right re-open the complaint just yet. As I explained in my last email, should you want it re-opened after today, you should let me know, with the reasons about way the complaint should be re-opened.

    When we spoke I also explained to you that the Consumer Rights Act doesn’t apply in your complaint against MBNA. The Consumer Rights Act applies to relationships between sellers and buyers, which in your complaint is xxx xxx (seller) and yourself (the buyer). I told you that we couldn’t look into complaints against car dealerships as they don’t carry out a financially regulated activity. However, if you wanted to pursue a complaint under the Consumer Rights Act 2015 against the dealership, you would need to go to the Consumer Ombudsman Service. So your complaint with us concerns a Section 75 complaint (under the Consumer Credit Act) and I also (in my first view) looked at MBNA’s attempts at a charge back.

    Please call me should you wish to discuss anything further. But when we spoke last week you did agree for the complaint to be closed and that you would have the car repaired at the dealership. So I think the best option is to wait until after your car has gone back to the dealership.

    Many Thanks
  • naedanger
    naedanger Posts: 3,102
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    mc303 wrote: »
    ok, i did agree for the car to be fixed, i also unknowingly agreed to close the case by accepting the repair, as i said i thought i had till the 29th to close the case and this fell into the time frame of actually closing the case, so today i mailed the FO requesting not to close the case untill the car was returned and the fault repaired, she said,
    So your complaint was closed.
    However, if there is a particular reason why the complaint might need to be re-opened over the next week or so, I will consider this. But for the time being, I’m leaving the case closed as nothing has happened to warrant re-opening the case.
    i then mailed her what you wrote regarding MBNA and CRA
    the case worker's reply is below:

    If you’d like to call me to discuss your complaint further, please find my contact details listed below.

    We spoke at length last week about your complaint and you confirmed that you agreed for me to close your complaint if I spoke to the dealership and got confirmation they would be willing to repair your vehicle; which I did. I then called you after talking to the dealership and you agreed for your complaint to be closed.

    You confirmed that you agreed for your car to be repaired by the dealership, and from your last email I understand that you’ve made arrangements for the car to be repaired. So for the time being, as the car has not yet gone in for the repair, which was arranged last week, we don’t know whether or not the vehicle will be fixed, so I don’t think it’s right re-open the complaint just yet. As I explained in my last email, should you want it re-opened after today, you should let me know, with the reasons about way the complaint should be re-opened.

    When we spoke I also explained to you that the Consumer Rights Act doesn’t apply in your complaint against MBNA. The Consumer Rights Act applies to relationships between sellers and buyers, which in your complaint is xxx xxx (seller) and yourself (the buyer). I told you that we couldn’t look into complaints against car dealerships as they don’t carry out a financially regulated activity. However, if you wanted to pursue a complaint under the Consumer Rights Act 2015 against the dealership, you would need to go to the Consumer Ombudsman Service. So your complaint with us concerns a Section 75 complaint (under the Consumer Credit Act) and I also (in my first view) looked at MBNA’s attempts at a charge back.

    Please call me should you wish to discuss anything further. But when we spoke last week you did agree for the complaint to be closed and that you would have the car repaired at the dealership. So I think the best option is to wait until after your car has gone back to the dealership.

    Many Thanks

    I would not bother calling her again, unless the repair is a failure.

    What she is saying is misunderstanding the point. (You are not wanting to pursue a complaint under the CRA against the dealership. Your argument is that under the CRA the dealership is contractually liable to provide a refund, and as MBNA are jointly liable you are entitled to demand that refund from MBNA but they are refusing.)
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