Section 75 refunds - article discussion

reachbesal

Hi Derrick,

This is the letter which I sent him on the 15 of Dec 2015.



Dear Mr Rafi,

This is Besal, I purchased the Hyundai Matrix LC07 JSX on the 22-Nov-2015 from you.

Ads shown on your website and on auto trader and comes with 3 months warrenty


When you sold me the car you and delivered the car at home, you told me that every thing is in order and the break pad & battery would take a few days to get settled.

I drove the car for a week but the brakes were not working as they should and I took the car for winter check on the 28 of Nov 2015 at Qwik fit and they advised the car is not fit to drive as there are so many problems with it.

1) Front disk is worn out
2) Battery is almost dead
3) Three tyres needs replacing

When I came to your shop the last time with the car you convinced me that every thing is ok , its only because the car has not been driven for long thats why its like this and I dont need to worry about it, the breaks and battary would be OK after a few days,
and as you advised I waited but its now only getting worse, the battery is going off every day, the brakes is getting bad and the tyre pressure is getting low.


This condition is not in condition to drive, I have a 22 months old daughter with me and I pregant wife, I cant risk lives.

I humbly request you to kindly fix the above issues.




If you are unable to fix the above mentioned, I would like to request for a refund as per The Consumer Rights Act 2015.


Regards

reachbesal

Hi Derrick,

Since he has not replied to my last email sent on the 15 of dec which includes copy of the report from kwikfit, I will go to his shop today and ask him to either fix the fault or refund the amount.

If he does not fix or refund the amount , then as advised I would send him another email advising the section 75 claim and sue him at the small court.


Thanks again for your guidance and support

derrick

reachbesal wrote: »

Hi Derrick,

Since he has not replied to my last email sent on the 15 of dec which includes copy of the report from kwikfit, I will go to his shop today and ask him to either fix the fault or refund the amount.

If he does not fix or refund the amount , then as advised I would send him another email advising the section 75 claim and sue him at the small court.


Thanks again for your guidance and support

Have you requested a S75 from your CC?

If not do it now via email as your 30 days are up on Monday re the 30 days right to reject under the CRA, you do not need to wait for a response fom the trader, you can take proceedings against each or both.

You should not have given him the right to fix it, that was not required.

May I also suggest you use a spellchecker before sending any more correspondence.

.

reachbesal

Thanks alot for quick reply.

I have emailed my credit card company (marks and spencer) to start the section 75 claim on the same date (15 of dec) and their reply as of yesterday was that they would send this email to the dispute team who would then contact me, but they have not yet, so I would call them on monday to see whats going on.

As advised by you , i would ask the seller for full refund today and if he does not then I would send another email saying that "When I came to your office today you have rejected to give me refund , hence I would be taking the matter to the credit card company for section 75 claim and sue him small court"

reachbesal

One quick question, if the trader does not take the car back today , would it affect the section 75 claim

derrick

reachbesal wrote: »

One quick question, if the trader does not take the car back today , would it affect the section 75 claim

No............

micoman

Hi, I wondered if someone could advise me as to whether to put in this claim on a purchase made on my Halifax mastercard?

I bought a refurbished Iphone 5c from Mighty Deals in August for £170 and paid with my credit card. It came with a 30 day guarantee.

The phone has now gone faulty after a few months and Mighty Deals will not repair it as expected.

Can I make a claim with Halifax?

Any help appreciated.

Thanks, Mark

JimmyTheWig

micoman wrote: »

Hi, I wondered if someone could advise me as to whether to put in this claim on a purchase made on my Halifax mastercard?

I bought a refurbished Iphone 5c from Mighty Deals in August for £170 and paid with my credit card. It came with a 30 day guarantee.

The phone has now gone faulty after a few months and Mighty Deals will not repair it as expected.

Can I make a claim with Halifax?

Any help appreciated.

Thanks, Mark

Halifax will be equally responsible as the retailer.
It was second hand with a 30 day guarantee. Sounds reasonable.
It has gone wrong outside the 30 days so retailer not interested. Sounds reasonable.
If I were the credit card company I wouldn't be interested, I'm afraid.

reachbesal

Hi Derrick,

Last saturday I went to see the trader , he did not refund.

I spoke with the credit card company today, who advised me to wait for the dispute form to come in the post and then I need to return that with all the documentation. Once they get all the paper work they would start the investigation and hopefully would help me to recover all the money £1250.

I will keep you updated, thanks for your help.

reachbesal

Hi Derrick,


Just got email from the trader and the below is his responce

"Hi

Regarding your request for a refund I am sorry to inform you that we have considered your request to be unsuccessful..

Reason being is that the sale was a trade sale price which was reduced from the asking price.

We have a duty to rectify certain items on cars unfortunately tyres is part of wear and tear....

As you are aware we have rectified problems on your car under warranty on numerous amount of occasions

Kwick fit have a very high standard on service items for example a tyre which has 4mm thread in their view a new one is needed...

On the other hand in a mot it is under 1.6mm until it is illegal."


===========================================

The trader has decliened the refund but also ignored the feedback by Kwikfit ,
report clearly says that the Tyres have "inner wall damage" as the reason for replacement of tyres.

I also got email from Auto Trader (https://www.autotrader.co.uk) as a proof that when he sold the car, he mentioned that the car was in good condition.

"ADTEXT
3 months warranty, Next MOT due 20/04/2016, Full service history, Excellent bodywork, Interior - Excellent Condition, Tyre condition Good, Air-Conditioning, Alloy Wheels (15in), Electric Windows (Front/Rear), In Car Entertainment (Radio/CD/DVD). 5 seats, BLACK, Very tidy car H.P.I clear, any AA or RAC inspection welcome. We accept all major credit & debit cards.
"

====================

I hope that I would get the money back from the credit card company.