Section 75 refunds - article discussion

reachbesal

Many thanks for the reply derrick


I will take the car to the trader and ask him for a refund.

If for any reason he does not give me refund then can you plese advice what my rights are to get the money back.

(I bought the car on the 22 of Nov 2015 , paid £1000 by online transfer and £250 by credit card.)

derrick

reachbesal wrote: »

Many thanks for the reply derrick


I will take the car to the trader and ask him for a refund.

If for any reason he does not give me refund then can you plese advice what my rights are to get the money back.

(I bought the car on the 22 of Nov 2015 , paid £1000 by online transfer and £250 by credit card.)

Read Sections 20 & 22 of the CRA.

"S22:- Time limit for short-term right to reject :-

(1)A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

(2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

(a)ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b)the goods have been delivered, and

(c)where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken."


Also put your CC company on notice that you may be invoking a S75 claim.

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reachbesal

Thanks alot for your reply Derrick.

I have emailed my credit card companies customer service regarding Sec 75 claim as you advised.

I have also emailed the trader with all the information yesterday, I am awating his reply. (I dont think he would reply as he has not bothered to answer my calls)

If he does not reply to my email, what step should I take against him.


Regarding the Sec75 claim, I guess I can only dispute £250 which I paid on the credit card (remaining £1000 paid by online transfer from my debit card), could you please advice if the claim comes in my favour, when I get the refund of £250, do I need to return anything to the seller.

Thanks again for your help and advice

derrick

reachbesal wrote: »

Thanks alot for your reply Derrick.

I have emailed my credit card companies customer service regarding Sec 75 claim as you advised.

I have also emailed the trader with all the information yesterday, I am awating his reply. (I dont think he would reply as he has not bothered to answer my calls)

If he does not reply to my email, what step should I take against him.


Regarding the Sec75 claim, I guess I can only dispute £250 which I paid on the credit card (remaining £1000 paid by online transfer from my debit card), could you please advice if the claim comes in my favour, when I get the refund of £250, do I need to return anything to the seller.

Thanks again for your help and advice

The car should be returned to the dealer and the keys left with him.

Inform him you will be making a S75 claim and make that claim.

If you are successful you will receive ALL of the monies paid, that is the beauty of S75, any amount paid on a CC, even 1p, covers the whole amount.

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reachbesal

wow , thanks a lot for your reply Derrick.

so when I place the sec 75 claim on the £250 which I paid on the credit card, I would also get the online transfer bank transfer (BACS transfer) of £1000 which I made from my debit card, so basically I would get the whole amount back of £1250 back with the help of one claim.

Could you please advice when should I return the car to him, should I return it when the claim is sucessful or when I put the claim.

Many many thanks to you for your help and advice.

derrick

reachbesal wrote: »

wow , thanks a lot for your reply Derrick.

so when I place the sec 75 claim on the £250 which I paid on the credit card, I would also get the online transfer bank transfer (BACS transfer) of £1000 which I made from my debit card, so basically I would get the whole amount back of £1250 back with the help of one claim.

Could you please advice when should I return the car to him, should I return it when the claim is sucessful or when I put the claim.

Many many thanks to you for your help and advice.

The whole purchase price is refundable under S75 no matter how little is placed using the CC, so your claim is for £1250.00.

As the dealer is not responding, I would take the car back as soon as possible, (remember under CRA you only have 30 days to reject and obtain a full refund), read my highlighting in post #1135 plus the link to theCRA.


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reachbesal

Many thanks again Derrick.

I will take the car to his shop on saturday.

Could you please advice what are the precautions i must take, I am thinking of 2 spossible situtation.

I will tell him to take the car back and refund, if he does not give me refund, then I would tell him that i am going to process section 75 claim and here are the two sutations.

1) if he does not accept the car, what would you suggest, should I leave the car and the keys on his desk.

2) if does take it back, do I ask him for any written document to say that I can have as a proof.


Thanks again for your help and guidance.

derrick

reachbesal wrote: »

Dear All,

I bought this second hand car from a trader on the 21 of Nov 2015, It was delivered at home address by him as I hold provisional driving licence, he sold me the car for £1250 ( i paid £1000 by online transfer and £250 by credit card).

When I started my driving classes, I had noticed that the breaks are really bad and I took the car to quickfit for a winter check and they advised the cars has loads of problem such as
1) worn out disc
2) worn out tyres
3) poor battary


And the total cost to fix it would be around £550.


Can you please advice what I can do ?

reachbesal wrote: »

Many thanks again Derrick.

I will take the car to his shop on saturday.

Could you please advice what are the precautions i must take, I am thinking of 2 spossible situtation.

I will tell him to take the car back and refund, if he does not give me refund, then I would tell him that i am going to process section 75 claim and here are the two sutations.

1) if he does not accept the car, what would you suggest, should I leave the car and the keys on his desk.

2) if does take it back, do I ask him for any written document to say that I can have as a proof.


Thanks again for your help and guidance.

I have quoted your OP for ease.

On reflection re your OP you said, "It was delivered at home address by him", I would draft a letter outlining the faults, (keep a copy), and if he does not respond positively email the letter to him when you get back home,(this will serve as a receipt), informing him you are rejecting it as faulty due to, "faults described", if you have or can get a report from Kwik Fit enclose a copy of this also, and that as the car was delivered to your property you will require him to uplift the car from your property.

Assuming the car is faulty you have under CRA the right to a full refund within 30 days, this is a given under statute, you do not have to give him the chance to put things right.

If no joy at the time of informing him you want a refund, tell him you will issue a S75 claim and if necessary sue in the small claims court, (it should not get to this as he or the CC will refund), then issue the S75 if you have not already done so, including a copy of the letter you will have given him and a copy of Kwik Fits report if you have one.

You should, if he accepts the car is faulty, be given a refund and paperwork to say this.

Remember the clock is ticking, you only have 3 days left to make this known to him.

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CircuitW1zard

Crabman wrote: »

The part had a 12 month warranty from Jan 2015, but they're refusing to honour the guarantee? This looks like a breach of contract and a good case for Section 75 but be warned it can be a slow process.

Also the name of the credit account and the name on the invoice should be the same - if they aren't you may not be able to make a valid claim. This is known as the creditor-debtor-supplier link and is a technicality sometimes used to reject a claim.

Your credit provider will ask for evidence that the item has failed - if you can get the garage to give this to you in writing (or a copy of what the manufacturer said) then that should suffice and this could make it quicker.

Best to work with the credit provider to resolve it because the Ombudsman will take up to a year to look at the case and in my experience they're not very switched on...

Hi Crabman,

Yes, I bought the part in January 2015 and it had 12 months warranty. To get the warranty I had to have other parts replaced which I paid extra for. The first time it failed was in August and they replaced without question. It's now failed again and they are saying they have sent it off for analysis and it's my car that has caused it to fail and therefore it is not covered by the warranty and I need a new engine.

Strangely this report was never produced the first time it failed.

I used a Tesco credit card to pay the £850 for the part and labour so do I just fill out the section 75 template and send it to Tesco?

Thanks,

Rob

reachbesal

Thanks Derrick