Section 75 refunds - article discussion

wacsa

Hello all,

I'm in need of a speedy response if possible as I have to book something later today/tonight. Sorry for the short notice!

I think, if my understanding is correct that I will not be covered by section 75, but I wanted to check.

I am an additional card holder (35 yrs old) on my mothers Amex Cashback Credit Card. I need to book a long-term car rental in the US, starting next weekend, it looks like I will be booking via alamo.co.uk, who accept Amex and other cards.

I was going to book using my mothers card instead of mine as I read additional card holders would not be covered if they used their card, however as my mother is not going to the US and so will not benefit from the hire car, I presume this is pointless as Section 75 would not cover it?

I will still be booking using this card, for the cashback, but just wanted to make sure that it was pointless using my mothers card instead of mine in terms of Section 75 cover.

Thanks in advance

mo1960

Hi,
Sorry this is a bit long.
I wonder if someone could help me out please.
We purchased a second hand car for our son in February, it was noted on the receipt, there may be an oil leak, which would be dealt with at the next MOT in a few weeks.
We were told after the MOT everything was ok with the car, but my son has been having a problem, because he has been needing to replenish the oil frequently.
He has left the car at the garage several times for the oil problem and each time they say there isn't a problem, but a few days ago, the car broke down and we've been told by a local garage, the car needs a new engine.
We are going to the garage that supplied the car tomorrow, but are expecting the worse after reading recent reviews.
I have three questions, we paid for the car by spreading the cost over two credit cards (different companies), can we claim from both for the amount they covered?
My son's old car was used as part exchange, I assume he's lost this money, am I correct?
If we can get the money from the credit card companies, we are hoping to have the car fitted with a new engine, is this allowed?
Thanks in advance.

Crabman

mo1960 wrote: »

Hi,
Sorry this is a bit long.
I wonder if someone could help me out please.
We purchased a second hand car for our son in February, it was noted on the receipt, there may be an oil leak, which would be dealt with at the next MOT in a few weeks.
We were told after the MOT everything was ok with the car, but my son has been having a problem, because he has been needing to replenish the oil frequently.
He has left the car at the garage several times for the oil problem and each time they say there isn't a problem, but a few days ago, the car broke down and we've been told by a local garage, the car needs a new engine.
We are going to the garage that supplied the car tomorrow, but are expecting the worse after reading recent reviews.
I have three questions, we paid for the car by spreading the cost over two credit cards (different companies), can we claim from both for the amount they covered?
My son's old car was used as part exchange, I assume he's lost this money, am I correct?
If we can get the money from the credit card companies, we are hoping to have the car fitted with a new engine, is this allowed?
Thanks in advance.

It's a tricky one because they may argue that the debtor-supplier-creditor link has been broken, due to the car being for your son. If the car was bought for the person whose card was used then it would be different.

It may be easier to pursue the garage first. When you say the receipt mentioned the oil leak, why didn't you insist that this was fixed before the sale?

If an independent garage has said it needs a new engine, that could be put into an independent report for the credit provider or court action against the seller. But it's important you give the seller the opportunity to put things right. Note down phone calls and meetings so you have an accurate record of what you've said and what the seller has said.

If you would like advice specifically about the car, I'd suggest starting a thread on the Motoring Board:

http://forums.moneysavingexpert.com/forumdisplay.php?f=70

ernie-money

After placing an online order I had a message flash up about opting in to Google purchase protection, as the merchant was a Google certified shop. I've had a quick scan through the terms: http://www.google.co.uk/certifiedshops/customer/tos.html
and as far as I can tell, this should also give cover for purchases under £100, up to a lifetime total of £1000, so could be beneficial in addition to section 75. I'm just a bit worried, because I've never heard it mentioned on here or elsewhere before, so not sure what the cover is actually worth, and also don't want to end up getting spammed as a result. Also in my experience, if you order something from an online retailer, they will normally sort your issues out if you receive something that's damaged, or indeed don't receive it, especially if they are on this list of certified shops...
Has anyone got any experience, or knowledge about this at all please?

yenool

I raised a section 75 with capital one after buying a faulty car and the dealer refusing to rectify. I supplied evidence (inspection report).

It has now been 8 weeks and I've had no reply from the credit card company despite chasing them up multiple times.

What is my next step? Complain to the ombudsman? sue the card company?

I'm also issuing small claims against the dealer but I don't expect that to be successful because they are *not very nice people* who will delay/abuse/ignore the system and then probably liquidate anyway.

derrick

yenool wrote: »

I raised a section 75 with capital one after buying a faulty car and the dealer refusing to rectify. I supplied evidence (inspection report).

It has now been 8 weeks and I've had no reply from the credit card company despite chasing them up multiple times.

What is my next step? Complain to the ombudsman? sue the card company?

I'm also issuing small claims against the dealer but I don't expect that to be successful because they are *not very nice people* who will delay/abuse/ignore the system and then probably liquidate anyway.

Include the CC company as they are equally liable, should make them sit up.

.

Toufou

Hi I've been battling with Barclaycard for over 12 months now in order to get some compensation for a diving trip to Egypt that did not provide what was set out in the holiday description. The Ombudsman has been involved for 7 months now and has found in my favour under Section 75 of the Consumer Credit Act 1974 and have asked Barclaycard to refund 75% of my holiday cost. However Barclaycard are refusing to pay.

|What happens now and is there any recourse open to me????

yenool

derrick wrote: »

Include the CC company as they are equally liable, should make them sit up.

.

Too late to do that unfortunately as I already filed the papers.

After 8 weeks I've had a reply from Capital One... only to tell me it could take another 8 weeks as it has only just been passed to the section 75 investigation team and now they will contact the retailer to discuss and be back in contact with me if they need more information. :mad:

Absolutely ridiculous. I wonder if I can sue the card company separately to the retailer.

derrick

yenool wrote: »

Too late to do that unfortunately as I already filed the papers.

After 8 weeks I've had a reply from Capital One... only to tell me it could take another 8 weeks as it has only just been passed to the section 75 investigation team and now they will contact the retailer to discuss and be back in contact with me if they need more information. :mad:

Absolutely ridiculous. I wonder if I can sue the card company separately to the retailer.

Yes you can.

I am pretty certain you can add the CC to your filed court papers, phone the court and ask.

.

joefried

I bought a computer from Amazon in the US using a credit card. I've had it seven months and the screen has failed. Can I claim a refund from my credit card provider?

(The problem is that while the computer could be fixed under warranty, the serial number has been rubbed off the back, and I can't send it in without a serial number. Toshiba recommended I contact the CC provider to get the serial number, which should be on the their receipt, but as far as I can see it isn't!)

Many thanks,

Joe