Section 75 refunds - article discussion

cybercarrot

I purchased a used car 6 months ago from a franchised dealer, the car was described as excellent cond, one owner, full service history and had below average mileage on the clock.
It had been fitted with a new clutch prior to purchase. All checked out and seemed in order, bought it using my Barclaycard to protect my savings.

Car has had numerous problems from start and I informed the dealer a couple of days after taking ownership of the vehicle. Main problem Has been clutch and flywheel related. It went back and forth from the dealer until I had it inspected at a main dealer who diagnosed the problem and highlighted others.

Returned to the trader for repair which resulted in:
Dual Mass Flywheel
New Clutch
New Clutch Slave Cylinder
Cam Belt (Overdue)
Boost Valve.

Car was returned to me after work carried out and it lasted less than 2 months before more problems started, now sat in workshop after Dual Mass Flywheel found at fault again waiting for a parts warranty claim to be issued.

It has been sat in a workshop for 2 out of the 6 months I've owned it for the various faults and failures, even though the dealer is carrying out the repairs can I claim under section 75?
How long should I let this go on before I could put a claim in?
:mad::mad::mad:
Cheers peeps

mayonaise

I bought a wedding dress from The Mews Notting Hill. They treated myself and the dress very badly leaving me with an ill fitting dress with sub standard alterations and a damaged veil. The cost for all this was £2565. The shop and it's managers Gail & Lauren Crispin were rude, patronising and downright unpleasant to me, refusing to accept any liability or even offer an apology for the stress and upset they caused me.

Took it up with Lloyds TSB Avios Duo and they asked for an independent review. This review brought to light the fact they mis-sold me the dress stating it was Silk-Crepe when in fact it was 100% synthetic fibres. So there was a breach of contract with regards to mis-selling the dress and also a breach with regards to the service they provided.

Lloyds TSB have upheld my section 75 complaint and given me the full £2565 back. I just very much hope they can claim it back from The Mews of Notting Hill and Gail Crispin as they should be the ones accountable for this.

Section 75 is great as long as there has been a definite breach of the sale contract. I did a lot of research and made sure I had all my facts. I also used Which? consumer advice service that I signed up for and they were great.

Good luck to others with the Section 75!

Chomeur

"(3) Sub-section (1) does not apply to a claim:


(b) so far as the claim relates to a single item to which the supplier has attached a cash price not exceeding £100 or more than £30,000"

So if I buy a washing machine from a company and pay them an extra £20 to connect it, and they fail to connect it properly so that I have to call out a plumber to do it, it would seem that I can't claim on the credit agreement because the connection is a single item which cost less than £100. Agreed?

Crabman

mayonaise wrote: »

Lloyds TSB have upheld my section 75 complaint and given me the full £2565 back. I just very much hope they can claim it back from The Mews of Notting Hill and Gail Crispin as they should be the ones accountable for this.

Glad to hear your S75 claim was successful! :cool:

There is provision for the credit provider to claim amounts paid out under a S75 claim from the supplier. I don't know whether they actually bother to do so unless it's a significant amount.

yelram2015

My mum purchased my wedding dress which was an excess of £1000, and she paid on her credit card. The zip broke during the final fitting and the shop said they would fix it. I got married abroad so when I picked it up it was packed for me to take. The next time I tried it n was the morning of the wedding, when the zip broke again! My mum was very distressed by this. I buttoned the dress but as the buttons were for decoration rather than to hold the dress on the buttons fell off throughout the day, leaving the dress partly open. This is a difficult situation as if it was a normal dress I would return it for a refund. The retail has taken responsibility and admitted the dress was faulty at time of sale. How much I am entitle to receive for this scenario? Please help. I do not want to request too much and equally too little for such a significant fault. Or should I claim from the credit card company under section 75? Is that possible?

banjo21

Using my First Direct Visa I paid £2800 for black granite worktops for a new kitchen. They were delivered and installed by the vendor 10 days ago and within days we noticed that whilst aware we should not be overly robust with the worktops that even the slightest contact with any liquid or item (bottle, cold plate, cold mat) would permanently mark the granite.

The vendor is claiming acid spills must have caused the marks, having had them out twice since to rectify the situation - I know for a fact no such thing. I can honestly say, as can many friends and neighbours that this granite is more fragile and susceptible to staining than could reasonably be expected - it marks on contact with anything.
The vendor has even told us we should continue to regularly seal it and shouldn't use it for 30 days!

Is this sort of situation likely to be covered?

JimmyTheWig

banjo21 wrote: »

Using my First Direct Visa

Credit card or debit card?

banjo21

It was my first Direct visa Credit Card.

I wondered if 'fragility' of Granite was perhaps a little subjective but I do have my builder and kitchen fitter willing to confirm its the 'worst' they have ever seen.

JimmyTheWig

Presumably the problem is reproducible? E.g. if you get the vendor out you can show them that putting a glass of water (or whatever causes the problem) on the worktop leaves a mark. How then could they possibly claim it was acid?

It sounds like Section 75 will apply. But note that that only means that the credit card company are equally liable as the vendor. If the vendor says it's not faulty then the credit card company may well say the same thing.

smudges13

I have booked a holiday cottage and paid the deposit (over £100) with a credit card, the full amount has now been paid. 2 days before we were due to go my son was taken into hospital with appendicitis so we are unable to go. Will i be covered by section 75?