Section 75 refunds - article discussion

derrick

reachbesal wrote: »

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 (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.

I do not see that selling it as "a trade sale price" makes any difference, unless you are a trader and this was a B2B sale!

What were the faults previously fixed as the date you posted you had only
owned the car for 3 weeks.

As the car was sold from a trader said trader has a responsibilty to ensure the car is roadworthy before allowing it onto the road, Trading Standards may be interested, contact them via Consumer Advise


Or you may try the , Retail Ombudsman even if he is not a member they can still help, whilst waiting for your S75 claim forms.

.

reachbesal

Hi Derrick,

Thanks for your help and advice.

I am not a trader, I bought the car for my personal use.

Previously he had fixed the following

1) Speedometer which was not working (First week)
2) The one of the side light which was not working (Second Week)
3) He changed the battery.(Last Week after I sent my first email)

I would contact Trading Standards as you advised.

willsco79

Hello,

I have made a claim under section 75 to my credit card company. Basically I made several payments over the period of a year which came to approx £6000. I found out after a while that I was being ripped off and it was a ponzy scheme I had put money into. Anyway I filled out the forms and sent in what I had as proof along with my statements detailing the payments I had made to this scheme. The credit card company only payed me back £3800 and said I had to hold it within a certain period of time. I did that time and went I called the credit card company back to find out what was happening and they said the money was mine. So I spent it. Nearly two months later they demanded the money back saying I had insufficient evedince. So I was heavily out of pocket then. Now I have more evedince to back up my claim that the people running the ponzy scheme have been arrested and their bank accounts have been siezed but I am now passed the 520 day clause that credit card companies have. Does anyone have any suggestions? Or have I lost my money for good?

Thanks

William

buckles

Bought leather furniture from Debenhams in June. Complained in August -seats gone baggy. Then in September about filling in cushions bunching up/being uncomfortable. On inspection the contents are 50:50 foam/fibre. We assumed it was 100% foam. We were advised to maintain them by 'plumping the cushions regularly' I have arthritis and it is impossible for me to 'plump' the cushions. Nowhere on the suite in store or when talking to the saleswoman were we advised of the content. Debs have now offered to replace the cushions with exactly the same filling. USELESS!! They also apologised for not advising us of the content but that we should have been given this advise when the suite was DELIVERED. I told them that by their omission I am blaming them of negligence am I entitled to a refund? They are dragging their feet in response. Hope someone has the answer.:mad: Thanks in advance

Solomon_Broad

Are loans also covered under section 75? For example, if I got a "boat mortgage", for £10k (for example), and the company I'd be purchasing the boat from went bust, would I be covered?

Oliver1191

Hi,


I ordered an item online with my credit card for over £120.


The company claimed to have delivered the item to me. They have shown a signature (which isn't mine - it's just my name in someone's handwriting) and claim that it was given to a resident at the address. I was nowhere near my address on the day they claim to have delivered the item.


I have asked the retailer for a refund, yet they are so far refusing.


Under section 75, am I still protected? I'm contacting my credit card company tomorrow - can I still get my money back? I spoke to someone today - they said that they wanted to see my emails with the company in question and would look into it for me.


Any help would be greatly appreciated!!

OliviaL19

Hi all,
I ordered a new front door on a supply-only basis and paid on my credit card before delivery. The door was delivered yesterday, I signed for the delivery, and the window fitters which were on-site and had some free time said they would fit the door. They removed the old door and started to fit the new one, and then some quality issues came to light with the door - the lock barrel is loose, the strip on the side of the door is coming away, there are some scratches and pencil marks on the door. As the old door had been taken out and the new door was in the process of being installed, the fitters continued and said I would have to take these things up with the door company.

I have called the door company and sent photos of the issues, but they are saying that a) the damage could have been done by the fitters, b) I should not have signed for the door if it was faulty, c) the door should not have been installed, I should have contacted them first (it was Sunday and they were closed, so I couldn't have called them at the time.

Can Section 75 help with this issue?

Thanks for any help/advise you can offer

geerjay

Can anyone clarify whether Section 75 may apply in the following circumstances:

Dishwasher bought Dec 2011 from online retailer with a 5 year manufacturers warranty. Manufacturer, Fagor, went out of business c12 months ago, letter received from liquidator advising situation. Online retailer still trading.

Dishwasher has broken down with 12 months warranty still outstanding. Paid by Visa in full £399.

Is this likely to be covered for a repair / refund / partial refund under Section 75.

Thanks in anticipation for any advice.

supersaverkerry

Can this section 75 be used to claim against hotpoint for these dodgy tumble dryers?

Got mine in October 2015, 2 months later had to register it as being one of their faulty ones. They said still save to use if you are home.

Now it is melting my clothes and smells like burning if I turn it on. Tried contacting numerous times and they just keep saying I will be contacted for an engineer to make an appointment when it is my turn.

Well my friend who registered 5 weeks before me has just been told she will get her appointment in May!

It is unsafe so I can not use it, so not fit for purpose, hotpoint won't refund, just say wait my turn. Paid on credit card, can I use section 75 for this as I currently have no way to dry our clothes properly.

M1chelleM1

Hi,
In November 2015 I had solar panels installed the company gave me a 10 yr guarantee backed up by an insurance company, they gave me a policy/certificate number and a start date for the insurance on my MCS certificate.
The meter for the solar panels has a fault code showing , I phoned the company who have now gone into liquidation, I phoned the insurance company who says that the system was never registered with them.
I paid £1,500 deposit on my Tesco Credit Card, I have phoned Tesco who told me to phone the liquidators to ask if the company was to be bought and if so would by contract/10yr warranty be valid, as I thought they said no.
What should I do now?
Am I covered for the full amount, i.e not just the £1,500.00
Should Tesco take over my 10yr warranty should there be any future problems
What is it that I should claim for, this is my first time (fortunately) of been in this position but I am not sure what the Credit Card Company should do.